Consent Search - Answers Occurs when a person voluntarily waives his or her 4th amendment rights
and allows a law enforcement officer to search his or her body, premises, or belongings. (No warrant
or probable cause)
Schnecloth v. Bustamonte - Answers Consent may not be coerced, by explicit or implicit means, by
implied threat or covert force.
The 4th Amendment does not require that a lawfully seized person be advised they are "free to go"
before the consent can be ruled voluntary.
True or False - Answers True
United States v. Mendenhall - Answers Consent is not involuntary because person is under arrest or
otherwise in custody, but harder to prove.
Evasive or uncooperative conduct by arrestee suggests consent not voluntary.
True or False - Answers True
Florida v. Royer (1983) - Answers Illegal arrest will taint consent and render it involuntary under "fruit
of the poisonous tree."
Consent may be written or verbal.
True or False. - Answers True
Consent can be communicated via conduct, so long as the consent is clear and unequivocal. (Get keys,
opens door, turns on light.
True or False - Answers True
Voluntariness may be affected by the physical, mental, or emotional condition and the intelligence or
educational level of the person giving consent.
True or False - Answers True
An invitation to ______ the premises is not the equivalent of consent to _______ the premises. -
Answers Enter
Search
Once inside lawfully, _____ _______ ________ will permit seizure of contraband. - Answers Plain
view doctine
The scope of a consent search depends on what the typical reasonable person would have
understood by the exchange between the officer and the suspect. - Answers Objective
Reasonableness
The only person able to give a valid consent to search is the person whose consitutional protection
against unreasonable searches and seizures would be invaded if conducted without consent.
True or False - Answers True
A person may specifically authorize another to consent to a search of the property.
True or False - Answers True
Consent to a search a location may be obtained from a 3rd pary whom the police, at the time of the
entry, __________ _______ has the authority to grant. - Answers reasonably believe
_________ of home is not authority to authorize search of guest bag, without express permission. -
Answers Ownership
Illinois v. Rodriguez - Answers If A is not present, and B grants permission to search their room police
do not have to confirm with B.
Georgia v. Randolph - Answers If both parties are present and A consent but B refuses no search is
allowed.
Fernandez v. California - Answers If A& B are present, A consents but B refuses, then B is lawfully
removed from the scene, and A consents, B's previous objection does not matter.
The threatening presence of several officer;the display of a weapon by an officer; some physical
touching of the person of the citizen; or the use of language tone of voice indicating that compliance
with the officer's request might be compelled . . . in the absence of some such evidence, otherwise
inoffensive contact between a member of the public and the police cannot, as a matter of law,
amount to a seizure of that person. - Answers Examples of a possible seizure
Florida v. Bostick - Answers Established that law enforcement officers may aska person basic
investigatory questions, including requests to examine identification or search luggage, and there is
no seizure for Fourth Amendment purposes.
Reasonable Suspicion - Answers Considerably less than proof of wrongdoing by a preponderance of
the evidence" and "is obviously less demanding than that for probable cause"