Victor owned a restaurant that the police thought was involved in money laundering. Officer Thompson went to the restaurant one evening when he knew Victor was not there. He ordered dinner. When Sam, a waiter, came with his food, Officer Thompson asked for permission to inspect the kitchen. Sam, who is not fluent in English, did not understand what Officer Thompson said, but nodded yes when he saw the tip that Officer Thompson had placed on the table. While still in the dining room, Officer Thompson looked through a window in the kitchen door and saw white powder and scales on a counter. Did Sam give valid consent for Officer Thompson to go into the kitchen?

Question

Quizplus · Accepted Answer

Sam, as a waiter, does not have the authority to consent to a search of the restaurant's kitchen, which is a private area controlled by the restaurant owner or manager.

Victor Owned a Restaurant That the Police Thought Was Involved