Chapter 9: Consent Searches

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Chapter 9 is titled "Consent Searches." Consent searches are exceptions to the requirement for law enforcement to obtain a search warrant before conducting a search. They occur when an individual gives consent to police officers, waiving their constitutional rights under the Fourth Amendment, to carry out a search of either their body, their premises, or their belongings. A consent search must be given voluntarily by an individual to be considered valid. Whether a consent search is given voluntarily is examined based upon the standard of the "totality of the circumstances," which includes: (1) force, threats of force, and other threats by law enforcement; (2) submission to a fraudulent or mistaken claim of authority; (3) misrepresentation or deception by officers; (4) arrest or detention of the suspect; (5) suspect's knowledge of the right to refuse consent; (6) informing suspects that they are free to go; (7) clearness and explicitness of the suspect's consent; (8)…show more content…
One exception to this is in a situation where an individual is so intoxicated that they cannot consent with any kind of rational intellect or free will. Other exceptions intelligence and educational level of the individual and any language barriers between the individual and the law enforcement officers. The scope of a consent search depends upon several factors. These include whether law enforcement was given permission to actually search a residence, rather than merely enter it; whether an initial consent by the suspect to enter and search a residence gives police consent to enter and search that residence on subsequent occasions; the allowable area of a search; the proper time for the search; and the permissible object of the search. A person who voluntarily agrees to a consent search can take away the permission of law enforcement to conduct the search at any time after it has

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