Who has authority to consent to search of a vehicle?

• A. The party in physical control of the vehicle
• B. The owner of the vehicle
• C. Any passenger
• D. A law enforcement officer

Answer: (A)

Consent to search a vehicle comes from someone who has actual authority to control or share control of the vehicle. The person in physical control—typically the driver with the keys—has that authority and can allow or deny a search. Their consent binds the police because they are the one who has the practical ability to permit access to the vehicle’s interior. A passenger generally lacks this authority unless there’s clear evidence of mutual, ongoing control of the vehicle. Simply being the owner isn’t enough if they aren’t currently in control or don’t share control at the moment of the search. A law enforcement officer cannot supply valid consent on behalf of others.