Authority to Enter or Search
Authority to Enter or Search Pursuant to Consent
Authority to enter or search pursuant to consent given by a person is limited to the scope of the consent given by that person. Exceeding the scope of the consent given violates the Fourth Amendment. Consent may be withdrawn at any time before the search is completed. The Prosecutor bears the burden to prove that a warrantless search was within the scope of the consent given. The police may not generally rely on the consent of a third party to enter or search. If you are arrested or charged with a misdemeanor or a
felony, contact
Christine McGuire, the Santa Cruz Criminal Defense Attorney; Christine McGuire, the Santa Cruz Criminal Defense Lawyer, the San Jose Criminal Defense Attorney, the San Jose Criminal Defense Attorney, the Monterey Criminal Defense Attorney, the Monterey Criminal Defense Lawyer.