Under spousal consent, which statement is true?

Under spousal consent, which statement is true?

• A. The owner can consent only if present
• B. Either spouse can consent, but the other spouse can revoke it if physically present
• C. A spouse cannot consent to search a vehicle
• D. Consent must come from a law enforcement officer

Answer: (B)

Under spousal consent, both spouses share authority over a jointly owned vehicle, so either spouse can give permission to search. The important nuance is that if both spouses are present and one objects, that objection revokes the consent and the search cannot proceed on that basis. So the valid statement is that either spouse can consent, but the other spouse can revoke it if physically present. The other ideas don’t fit: the owner doesn’t have to be the one present for consent to be valid, a spouse can indeed consent to a vehicle search, and consent isn’t something that can come from a law enforcement officer.

Under spousal consent, both spouses share authority over a jointly owned vehicle, so either spouse can give permission to search. The important nuance is that if both spouses are present and one objects, that objection revokes the consent and the search cannot proceed on that basis. So the valid statement is that either spouse can consent, but the other spouse can revoke it if physically present. The other ideas don’t fit: the owner doesn’t have to be the one present for consent to be valid, a spouse can indeed consent to a vehicle search, and consent isn’t something that can come from a law enforcement officer.