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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?
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.
What else can I help you with?
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.
Can police search a vehicle that was being driven by someone other than the owner?
Yes, police can search a vehicle being driven by someone other than the owner if they have probable cause, consent from the driver, or if the search falls under certain exceptions, such as the vehicle being impounded. However, the owner's consent is typically not required if the driver has control over the vehicle. Additionally, if there are reasonable grounds to believe that evidence of a crime may be found in the vehicle, police may proceed with the search.
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.
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.
If permission given to search car by someone other then car owner is it illegal search?
If permission is given by the operator of the vehicle for the police to search it, then it is a legal search. The operator is the person responsible for the vehicle and as such they have the right to give permission.
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.
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.
Can a joint owner rent a property without the consent of the other owner?
No, a joint owner cannot rent a property without the consent of the other 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 !
