If two spouses are present and one says "no" to a search, what is the correct action for the officer?

In the context of Fourth Amendment rights regarding searches, when one spouse explicitly states "no" to a search, that individual is exercising their right to privacy in the shared space. The law recognizes that consent is a critical component of warrantless searches, and when conflicting consent is present—specifically, when one party does not consent to the search—law enforcement officers are obligated to respect that individual's wishes.

This understanding is based on the principle that any co-occupant of a shared space has the authority to consent to a search, but that authority is negated if one party expressly declines permission. Therefore, in this situation, the officer must cease the search immediately upon receiving a "no" from one of the spouses. This action protects the constitutional rights of the individuals involved and adheres to legal precedents regarding consent searches.

Obtaining a warrant may be necessary if further investigation is warranted, but the immediate response to an objection must be to respect that decision. This approach helps maintain the integrity of the officer's actions and ensures compliance with the law regarding search and seizure.