Ep # 384 Can the wife give consent to enter the house to arrest the husband?

Roadside Chat: Can the wife give consent to enter the house to arrest the husband?

In this video, Anthony Bandiero talks about consent to search.

Casteel also assigns weight to the fact that his consent was not explicitly sought, even though he was present and available, and asserts that this renders the search unlawful or the officer's belief in having consent to search unreasonable. We disagree. A warrantless search is valid based on the consent of one occupant, despite the physical presence of the nonconsenting occupant.6 Insofar as Casteel relies upon case authority **4 involving scenarios where a defendant was present and objected to the search, that authority is inapposite to the facts of this case. Here, Casteel never expressly or impliedly protested the search or denied the mother's authority to consent to the search.

Casteel v. State, 122 Nev. 356, 360, 131 P.3d 1, 3–4 (2006)

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