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MMLU / The police requested consent from a wife to search the mutual bedroom of her and…

Problem

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question

The police requested consent from a wife to search the mutual bedroom of her and her husband. The husband was out of town. The police were looking for evidence of the husband's suspected activities in a major drug trafficking plot. The wife gave her voluntary consent to the search. The police found a kilo of cocaine in a dresser drawer and various written notes that contained the names and phone numbers of co-conspirators. After the husband was arrested, he moved for suppression of all of the evidence seized in his bedroom. Will the court likely deny the motion due to the voluntary consent given by the wife?

choices

  1. No, the search was unconstitutional because a wife cannot give consent for her husband.
  2. No, the search was unconstitutional because the items were under the husband's control and the wife therefore had no authority to give consent.
  3. Yes, the search was proper because one who possesses joint authority over property can validly consent on behalf of the absent occupant.
  4. The search was unconstitutional because the police did not have a search warrant.

subject

professional_law

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Source and history

task_id
446a0d62-0deb-5aad-ade4-090aee064f81
task_key
all--test--446a0d62-0deb-5aad-ade4-090aee064f81
task_revision_id
1
config / split
all / test

Official source

initial import