Under what circumstance can consent by one spouse be overridden?

Consent by one spouse can be overridden when the other spouse is physically present and expressly denies consent. This falls under the legal principle established by the U.S. Supreme Court in the case of Georgia v. Randolph. In situations where both spouses occupy the same residence and one spouse provides consent for a search, but the other is present and denies such consent, law enforcement must respect that denial. The presence of the second spouse indicates that there is a shared expectation of privacy in that space, which the denying spouse is exercising by refusing permission for the police to conduct a search.

The other circumstances listed do not hold the same legal weight. For instance, whether both spouses are registered on a lease does not inherently determine privacy rights or the authority to consent. Similarly, suggestions made by police officers do not override the established rights of the individuals involved regarding privacy and consent. Finally, the history of conflict between spouses does not impact the legal right to consent or deny consent for searches; consent must be evaluated based on the present circumstances and the actions of the parties involved at that moment.