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Can a driver of a car give consent to search even if the passenger the owner of the car says no?
Wiki User
∙ 10y ago
This is a great question. My instinct says no, only the owner or person given permission to drive can consent, but when both people are in the car it gets complicated. The driver obviously cannot give consent over the owner's objection, but what if the owner is not asked? Hopefully someone can find a good case on this.
Wiki User
∙ 10y ago
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Is it legal for a cop to search a car based off the driver's consent but the only owner of the car was in the passenger seat and not informed about the search whatsoever?
The operator of the vehicle (driver) is legally responsible for the contents of the vehicle and can give consent to search the vehicle. As long as the consent was given voluntarily, not coerced, and the person consenting has actual or apparent authority over the vehicle. This is considered a "third-party consent scenario." The third-party driver of the vehicle can consent to a search while the owner is present as a passenger. Rodriguez, 497 U.S. at 186. A critical factor to consider is whether the owner/passenger objected to the search.So the question is: Did the owner/passenger object to the search?" If not, I don't think the owner has an argument.
Who is liable for damages from an hit-and-run unlicensed driver and the insured owner of the vehicle was the passenger?
Both the Driver and the Owner are liable for the damages. The driver, whether licensed or not is the primarily liable party. The insured passenger owner is secondarily liable for damages by the unlicensed driver he permitted to operate his vehicle.
Who cannot consent to a warrant less search of a home?
Only a legal occupant of a residence, or an owner or employee of a business can consent to a warrantless search of the premises - UNLESS - the search involves the "fresh" or "hot" pursuit of a wanted subject - then, no consent is needed to enter.
When you share a storage locker can one person give consent for police to search it?
No, It has to be both of the locker's owner.
What is considered an illegal home search?
depends if you have the permision of the home owner. If you have the home owner's permision then you can search it. If you don't have the home owner's permision or a warrant then it is illegal. (A search warrant bypasses home owner permision) as it is agreed by court. Hope this helps. - This answer is a UK answer. e.g. the rules may be different in different countries.
Can an executed deed be amended if one party does not consent?
No. You must have the owner's consent to modify a conveyance.No. You must have the owner's consent to modify a conveyance.No. You must have the owner's consent to modify a conveyance.No. You must have the owner's consent to modify a conveyance.
If a passenger in an auto accident owns a car but doesn't have PIP does the driver's PIP pay damages to the passenger?
The driver or owner will be responsible for the passenger's injuries. The passenger's PIP or medical insurance MAY pay the expenses if the responsible party is not insured, but will sue to recover the expenses.
What if the officer used open hand search in their home?
Police officers are trained to use an open hand search when they are searching somebody for weapons. To enter the home, the police need to have a search warrant or the consent of the owner.
When the Passenger opens door and jumps out and is injured can the driver or owner of the vehicle be held liable?
Nope... The passenger's actions are their own ! If they choose to open the door of a moving vehicle - they are responsible for their own injuries !
If a child was killed in a car accident where the driver did not own the car but the owner's daughter was a passenger who is responsible?
First of all sorry to hear of the child's death . Secondly get a lawyer If the driver was not the owner it would depend on the facts related in the accident . For example if the driver was not authorized to take the car or was speeding/drunk etc the driver would definitely be at fault . The owners daughter being a passenger should have nothing to do with who is responsible for the accident unless she contibuted to it . good luck
Where is the fuse box on a 1983 Ford Country Squire station wagon 9 passenger?
Owner's manual. Driver's side under the dash.
Who is liable if someone else is driving your car with your consent and you had no insurance on the car?
They'll go after the car's owner first. IF the driver has an insured vehicle, it would be secondary.
