Article 9.

Search and Seizure by Consent.

§ 15A-221.  General authorization; definition of "consent".

(a)        Authority to Search and Seize Pursuant to Consent. - Subject to the limitations in the other provisions of this Article, a  law-enforcement officer may conduct a search and make seizures, without a search warrant or other authorization, if consent to the search is given.

(b)        Definition of "Consent". - As used in this Article, "consent"  means a statement to the officer, made voluntarily and in accordance with the requirements of G.S. 15A-222, giving the officer permission to make a search. (1973, c. 1286, s. 1.)


§ 15A-222.  Person from whom effective consent may be obtained.

The consent needed to justify a search and seizure under G.S. 15A-221 must be given:

(1)        By the person to be searched;

(2)        By the registered owner of a vehicle to be searched or by the person in apparent control of its operation and contents at the time the consent is given;

(3)        By a person who by ownership or otherwise is reasonably apparently entitled to give or withhold consent to a search of premises. (1973, c. 1286, s. 1.)


§ 15A-223.  Permissible scope of consent search and seizure.

(a)        Search Limited by Scope of Consent. - A search conducted pursuant to the provisions of this Article may not exceed, in duration or physical scope, the limits of the consent given.

(b)        Items Seizable as Result of Consent Search. - The things subject to seizure in the course of a search pursuant to this Article  are the same as those specified in G.S. 15A-242. Upon completion of the search, the officer must make a list of the things seized, and must deliver a receipt embodying the list to the person who consented to the search and, if known, to the owner of the vehicle or premises searched. (1973, c. 1286, s. 1.)


§§ 15A-224 through 15A-230.  Reserved for future codification purposes.