Validity of consent to search for federal purposes does not depend on whether law enforcement officer has authority under state law to request consent

SEARCH & SEIZURE United States v. Sawyer, No. 05-5002, ___ F.3d ___ (10th Cir. Mar. 20, 2006)(N.D. Oklahoma). Government appeal of district court order granting defendant’s motion to suppress evidence. HELD: Fact that Kansas police officers lacked authority under Oklahoma law to request defendant’s consent to search business in Oklahoma did not cause search to violate Fourth Amendment. Validity of consent to search for federal purposes does not depend on whether law enforcement officer has authority under state law to request consent. Rather, test for determining validity of consent to search for federal purposes requires only factual determination based on totality of circumstances of whether consent was product of free and unconstrained choice. Read the opinion here.