Meekins v. State

KELLER, P.J.,

filed a concurring opinion.

The issue addressed by the court of appeals was “whether appellant consented to the search,”1 not whether any consent he might have given was voluntary. Whether or not someone’s words actually constitute “consent” is not an issue that fits neatly into the categories of cases that have been addressed by the Supreme Court. The Supreme Court’s caselaw appears to address three types of consent issues: (1) voluntariness of consent,2 (2) scope of consent,3 and (3) authority (actual or apparent) to consent.4 Illinois v. Rodriguez, the case that addresses…