Victor Owned a Restaurant That the Police Thought Was Involved

question 55

Multiple Choice

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?

• A) Yes, Officer Thompson has apparent authority to search because Sam nodded agreement.
• B) Yes, Officer Thompson asked for consent without using coercion.
• C) No, Officer Thompson must advise Sam of his Fourth Amendment rights before he can obtain consent.
• D) No, Sam does not have apparent authority to give consent to a search of the kitchen.