For a third-party search consent to be valid, what must the police do?

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For a third-party search consent to be valid, the police must confirm the third-party's belief of authority. This means that the police need to reasonably believe that the third party has the authority to consent to the search of the property in question. The standard is based on whether the third party's assertion of authority is credible, and whether the police can objectively verify that the third-party appears to have the ability to allow the search.

When a third party provides consent, their authority to do so must be based on a relationship to the property (such as a roommate, spouse, or other person with common access). The police are not required to have actual documentation showing authority or ownership, nor do they need to notify the property owner beforehand. Additionally, while the presence of the third party during the search may provide context for their consent, it is not a requisite for the validity of the consent given. Thus, confirming the belief of authority is the key element that legitimizes the search based on third-party consent.

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