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To: Secret Agent Man

It also brings up the question of the power of a sign. Suppose someone put up a sign that said “No officer of law or person acting as an agent of the State, shall enter this location unless so empowered with a warrant or court order.”

Would that have any power in the absence of the owner?

Other questions:
- Can an occupant (not owner) over rule the wishes of the owner by granting consent to search?

- Can a minor grant permission?

- What happens when two people are present and disagree as to the search?


66 posted on 02/28/2014 8:16:51 AM PST by taxcontrol
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To: taxcontrol
It also brings up the question of the power of a sign. Suppose someone put up a sign that said “No officer of law or person acting as an agent of the State, shall enter this location unless so empowered with a warrant or court order.” Would that have any power in the absence of the owner?

Yes, subject to the exception mentioned below.

Other questions: - Can an occupant (not owner) over rule the wishes of the owner by granting consent to search?

Yes, at least if the occupant generally has the owner's permission to admit guests.

- Can a minor grant permission?

Probably not, but I haven't seen cases on this point.

- What happens when two people are present and disagree as to the search?

Warrant needed, under the Matlock decision.

72 posted on 02/28/2014 10:46:14 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: taxcontrol

this court already decided your last question in this exact case. they haul off the dissenting person and search b/c the second person said okay.


74 posted on 02/28/2014 2:05:50 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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