A third party consent is valid if

A third party consent is valid if

• A. The third party owns the property.
• B. The third party has access and common authority, a substantial interest, or permission to gain access to the property.
• C. The third party must be present during the search.
• D. The third party must have written permission.

Answer: (B)

The main idea is that a third party can validly consent to a search when they have real or apparent control over the property. If the person has common authority over the premises, a substantial interest in the property, or permission to access it, their consent can validate the search even without the owner’s approval or a warrant. This reflects that those who share use or access to the area are able to authorize what happens there, as long as the consent is voluntary and not coerced. It doesn’t require ownership, physical presence during the search, or written permission, which is why the best choice describes having access, common authority, or permission to gain entry.