Third Party Consent to Search and Seizure

Whenever two or more persons share a common residence and a police search authorized by one discloses evidence which incriminates another, a difficult question arises regarding admission of such evidence in criminal proceedings against the nonconsenting party.1 Although proper resolution of the third party consent problem raises significant questions concerning the nature of the protection afforded by the fourth amendment and the proper scope of the exceptions to the amendment's warrant requirement,2 the problem itself has received little critical examination.3 This comment undertakes such an examination with a view toward reconciling the individual's interest in remaining free from unwarranted governmental intrusions into his privacy with society's interest in maintaining order and punishing criminals. It is suggested here that both interests can be accommodated by disallowing searches undertaken on the basis of consent by a "third party" except in those cases when he is actually the agent of the non-