4.5: Consent Searches

Question 1

Test/approach for consent search

Answer 1

Totality of the circumstances

Question 2

Showing for consent searches

Answer 2

Voluntariness (PC or warrant is not required)

Question 3

Scope for consent searches

Answer 3

Whatever and wherever is voluntarily consented to

Question 4

Must the suspect know or be advised of his right to refuse consent?

Answer 4

No, but this can help establish voluntariness

Question 5

Is consent by one with common authority sufficient?

Answer 5

Yes, unless another with common authority is present and objects

Question 6

Common authority

Answer 6

Similar privacy interest where you can see from joint or mutual access from purposes

Question 7

Is consent by one with apparent authority sufficient?

Answer 7

Yes, if it reasonable to believe he had actual authority

Question 8

Apparent authority

Answer 8

Reasonable for the officer to believe they have actual authority

Question 9

Factors relating to voluntariness

Answer 9

Police behavior; external influences acting on a consenter’s will; internal, subjective vulnerabilities demonstrating the consenter’s susceptibility to pressure; & knowledge by the consenter of a right to refuse consent

Question 10

If suspect is being detained for longer period than justified by the objective facts when consent to search is obtained, would evidence found be suppressed?

Answer 10

Any evidence found would probably be suppressed as the fruit of an unreasonable seizure