North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

Which person has the authority to withdraw consent once given for a search?

1. The suspect only

2. Any occupant of the premises

3. Only a homeowner

4. The arresting officer

The correct answer is: Only a homeowner

The authority to withdraw consent for a search primarily lies with any occupant of the premises who has the lawful ability to provide that consent in the first place. This means that if a person who previously consented to a search decides to revoke that consent, they are well within their rights to do so, regardless of their ownership status of the property. This principle is rooted in the understanding of the rights of individuals who occupy a space. If multiple people have access or control over a particular area, it is established law that any occupant can withdraw consent for a search that they initially agreed to, unless there are specific circumstances that limit that ability, such as a property owner being absent. In the context of the options given, choosing only the homeowner disregards the rights any other occupants might have. Others present may also have the authority to consent to or withdraw consent, depending on their relationship to the property. Thus, any occupant being able to withdraw consent emphasizes the collaborative nature of ownership and occupancy rights in legal situations surrounding searches.