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PRO 2024 > Chapter 15- Consent > Flashcards

Chapter 15- Consent Flashcards

1
Q

What is required for consent to enter and/or search homes?

A

Must be voluntary

Consent must be given freely without coercion or intimidation.

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2
Q

What are the three essential components of consent?

A
  • Voluntary and Clear
  • Lawful Presence and proper scope
  • Authority to consent

These components ensure that consent is valid and legally acceptable.

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3
Q

What does ‘Voluntary and Clear’ consent depend on?

A

The totality of the circumstances

This includes evaluating the actions of both police and the suspect.

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4
Q

What burden do police and prosecutors have regarding consent?

A

To prove consent was voluntary by a preponderance of the evidence

This means they must show that it is more likely than not that the consent was given freely.

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5
Q

True or False: Consent may follow police force or show of force.

A

False

Consent obtained through intimidation or coercion is not considered valid.

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6
Q

What is an example of invalid consent?

A

Consent obtained through intimidation by 10 police officers

If the officers intimidate a person into giving consent, it cannot be considered valid.

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7
Q

What constitutes valid consent even under duress?

A

Consent provided because someone is afraid of an accomplice

This situation may still lead to valid consent as it does not stem from police coercion.

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8
Q

Is written consent required for police searches?

A

No, written consent is not required

If obtained, it must be before the search to indicate voluntariness.

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9
Q

What does it mean when informed consent is not required?

A

Police do not have to warn an individual of their right to refuse

Advising individuals of their right can enhance the perception of voluntariness.

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10
Q

What can negatively impact the voluntariness of consent?

A

Pressure to consent

For example, officers suggesting that refusal will lead to adverse legal or family consequences.

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11
Q

Fill in the blank: Officers may not suggest that a citizen’s failure to consent will result in DCF removing the child but they may

A

Mention that they have to report it to DCF

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12
Q

What is the significance of consent in searches conducted by law enforcement?

A

Consent can be voluntary even if it follows an announced intention to apply for a search warrant.

This means that if law enforcement indicates they will obtain a warrant, consent obtained thereafter may still be valid.

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13
Q

What must law enforcement have to obtain a search warrant?

A

Probable cause (PC)

A search warrant is only valid if law enforcement has probable cause to support its issuance.

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14
Q

Is consent to search valid if it is obtained after a law enforcement officer threatens to obtain a search warrant?

A

Yes, but only if there was already probable cause to obtain the warrant.

Consent obtained under these circumstances can still be valid.

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15
Q

What is the effect of a promise of leniency in obtaining consent?

A

Police may promise not to charge a suspect for consent as long as they keep the promise

CL- promising not to charge with drugs but finding ammo and charging with ammo was good

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16
Q

What are some suspect characteristics that can affect the validity of consent?

A
  • Education
  • Emotion
  • Substance Abuse

These factors can influence whether a suspect is considered capable of giving valid consent.

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17
Q

Can an intoxicated person give consent to a search?

A

Yes, if they are not too intoxicated to understand the situation.

For example, an intoxicated man was deemed capable of consenting to a search of a woman’s purse in plain view.

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18
Q

How does prior cooperation with law enforcement affect consent?

A

Prior cooperation usually indicates voluntary consent.

This can suggest that the individual is willing to comply with police requests.

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19
Q

True or False: A promise of leniency can be used to obtain consent from a suspect.

A

True

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20
Q

What is the significance of consent to search to prove your innocence

A

Consent is voluntary when suspect authorizes search to prove innocence.

This indicates that consent must be given freely without coercion.

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21
Q

How does assertive action by suspects influence voluntariness?

A

Suspects asserting action, such as asking for identification of officer and badge numbers, helps with voluntariness.

This shows that proactive behavior by the suspect can enhance their claim of voluntary consent.

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22
Q

What does it indicate when a defendant allows a search after initially refusing?

A

Defendant refusing to take fingerprints or search car, then allowing to look at phone is considered good.

This may suggest a change in willingness that can impact the assessment of consent.

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23
Q

What is the implication of consent from multiple parties?

A

Consent from two people (e.g., mom and dad) is considered good.

This highlights that joint consent can strengthen the legitimacy of the search.

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24
Q

What challenges arise in obtaining consent from individuals in custody?

A

It is more difficult to get consent from someone in custody.

This reflects the limitations on personal freedom and the potential for coercion.

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25
Q

What is required for clear communication regarding consent?

A

Must be CLEAR AND UNAMBIGUOUS, regardless if explicit or implicit.

This emphasizes the importance of clarity in communication to ensure understanding.

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26
Q

What is an example of explicit consent?

A

Explicit consent example: ‘Hey, I’m clean, search me and opening jacket.’

This shows a direct and clear offer of consent.

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27
Q

What is an example of implicit consent?

A

Implicit consent example: ‘Okay’ and releasing trunk when officer asked to look inside trunk.

Implicit consent can be inferred from actions rather than words.

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28
Q

What is Non Verbal Consent in the context of law enforcement?

A

Actions or gestures that imply consent but do not explicitly state it.

Examples include a person pointing to a room or stepping back without verbal communication, which does not constitute consent.

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29
Q

Is pointing and stepping back into a house considered consent?

A

No, it is not considered consent.

Non-verbal actions must clearly indicate consent to be valid.

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30
Q

Can non-English speakers provide consent?

A

Yes, as long as the request was properly translated.

Proper translation ensures understanding of the consent process.

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31
Q

What happens if there is unlawful entry by law enforcement?

A

It invalidates later consent given by individuals.

Consent obtained after unlawful entry is not legally valid.

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32
Q

In the example of a sister retrieving blood-stained jeans, what did the police tell her?

A

They informed her they would get a search warrant if she did not consent to retrieve the jeans.

This illustrates the importance of consent in search situations.

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33
Q

True or False: ‘I’m clean this time’ and putting hands out is considered consent.

A

False.

Verbal statements must clearly indicate consent for it to be valid.

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34
Q

Fill in the blank: Unlawful entry ______ later consent.

A

invalidates.

This principle protects individuals from unreasonable searches.

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35
Q

What is the legal implication of entering a juvenile’s room without proper consent?

A

Illegal entry invalidates consent provided by parents

Consent is deemed invalid if entry was not lawful.

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36
Q

What happens when police pose as a gas company to enter a residence?

A

Invalidates consent to search

Deceptive tactics undermine the legality of consent.

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37
Q

How does creating a fake virus on a computer affect consent?

A

Invalidates consent

Misleading actions can nullify any consent given.

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38
Q

Is it permissible for police to create a fake disturbance to gain entry?

A

No, it is not permissible

Threatening behavior or deception does not justify entry.

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39
Q

What does consent to enter imply regarding consent to search?

A

Consent to enter is NOT consent to search

These are two distinct legal concepts.

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40
Q

What is an example of a good surreptitious police entry?

A

Entering undercover as a person buying drugs

Undercover operations can be legally justified in certain contexts.

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41
Q

What must happen when consent for a search is provided?

A

Search must happen at the time consent is given

Delay or change in circumstances can affect the validity of consent.

42
Q

What does it mean if consent is described as ‘reasonable’?

A

It means consent is within the proper scope of the situation

The scope can vary based on context and specifics of consent.

43
Q

If invited into a house, does saying you do not wish to speak invalidate consent to enter?

A

No, it does not invalidate consent to enter

Expressing reluctance to engage does not negate entry consent.

44
Q

What is the outcome if an officer finds drugs before grabbing a card during a consent search?

A

GOOD

If the officer found the card first and then the drugs, it would be considered NO GOOD.

45
Q

What was the ruling regarding the search for keys in a dresser after domestic abuse arrest case that led police to find a gun

A

NO GOOD

The search for a gun in a bedroom drawer while looking for keys was ruled as beyond the scope.

46
Q

Can consent to search be withdrawn?

A

Yes

Consent may be withdrawn at any time and the search must stop unless there is another legal reason to continue.

47
Q

What is the implication of finding blood during a consent search when the suspect is told a search warrant will be applied for?

A

GOOD

If the suspect allows the search to continue after being informed about the warrant, it is considered valid.

48
Q

True or False: An officer can continue a search after consent is withdrawn if they have another legal reason.

A

True

49
Q

True or False: A police officer may test DNA evidence provided by a family member of a suspect without a search warrant?

A

True.

50
Q

Who can exclusively give consent for a search of their property?

A

The person in sole possession.

51
Q

What is required for a third party to consent to a search of a property?

A

Joint access and control.

52
Q

Fill in the blank: The test for consent in joint access cases is _______ and control, not actual use.

A

joint access.

53
Q

Provide an example of valid consent for a search.

A

A wife consenting to a search of her and her husband’s closet where a gun is located.

54
Q

In the context of joint access, can a spouse consent to search a separate building used by the other spouse?

A

Yes, if they have access to it.

55
Q

What does ‘exclusive use’ imply in terms of consent to search?

A

Only the person with exclusive use can provide consent.

56
Q

What is the significance of having a key in terms of consent to search?

A

It indicates the ability to access the property, contributing to joint access.

57
Q

True or False: A spouse must actually use a property to give consent for a search.

A

False.

58
Q

What is the effect of absent exigency when one party objects and the other consents?

A

It’s NO GOOD

Example: If a wife consents but the husband objects, the consent is invalid.

59
Q

What happens if a physically present occupant refuses to permit entry?

A

Any search against them is invalid

This means that the refusal of a present occupant is sufficient to invalidate the search.

60
Q

What are the actions a co-tenant can take without preventing police entry?

A
  • Delivering evidence to police outside
  • Telling officer what he knows to get a search warrant
  • Police entry on exigency

These actions can still occur even if a co-tenant refuses entry.

61
Q

Who can prevent entry/search in a co-tenant situation?

A

ONLY A CO-TENANT WHO IS PRESENT AND OBJECTS

This highlights the importance of presence and objection in legal searches.

62
Q

Is a search valid if a suspect invites officers into a hallway but not inside house then wife invites officers in and suspect does not object, is this good?

A

Yes, if the spouse allows entry and there is no protest from the suspect

This indicates that consent from one party can validate the search despite the suspect’s initial invitation being limited.

63
Q

Fill in the blank: Police can assume that adult family members can ______ them to look around.

A

allow

This assumption is based on the familial relationship and authority.

64
Q

What can grandparents and parents do concerning their child’s property?

A

Consent to search if they have access.

This applies regardless of whether the child is a minor or an adult.

65
Q

In a situation where a suspect is arrested for domestic abuse and refuses consent to search what can happen to the search consent after their departure?

A

The spouse can still consent to a search.

An example is provided where the wife consented to a search after the husband was arrested.

66
Q

Can we assume that married and unmarried partners can consent to things they both own

A

Assume authority unless otherwise indicated.

This means if no evidence suggests otherwise, consent is generally accepted.

67
Q

True or False: Good relations between family members are required for one to consent to a police search.

A

False.

A person can consent even if they are in conflict with another family member.

68
Q

Mother who owns two family and daughter lives in other half, mother allows son to sleep on daughters couch, can she provide consent to search daughters half

A

No

69
Q

Can children left at home provide consent to search the house

A

Yes

70
Q

What’s the best course of action instead of asking kids to consent to search

A

Wait for parents or get SW

71
Q

Under what conditions may third parties consent to police entry or search?

A

If they are co-inhabitants or in possession of an explicit contract.

72
Q

True or False: Management at a homeless shelter can consent to police entry and search if they suspect a weapon in a room.

A

False

Management needs a signed document to consent to police entry.

73
Q

What allowed police entry and seizure in the case of the exterminator entering and finding a shot gun unsecured

A

Exigency.

74
Q

When can landlords provide consent to enter a property?

A

At the end of a lease or during extermination.

75
Q

Who may allow police to enter and search places they have control over?

A

Tenants and roommates.

76
Q

What is the limitation for hosts regarding police searches?

A

Hosts cannot allow police to search exclusive places where another person has control, such as a room, suitcase, or dresser.

77
Q

What is a Bailee?

A

A person who receives property from a Bailor

The Bailee is responsible for the care of the property while in their possession.

78
Q

What is the role of a Bailor?

A

A person who gives property to a Bailee

The Bailor retains ownership of the property while the Bailee has possession.

79
Q

What must a Bailee provide when in possession of the property?

A

Consent

This consent is necessary for actions such as allowing a search of the property.

80
Q

True or False: A friend can give consent for police to search a car that was lent to them.

A

True

In the example, the friend consented to the search, leading to evidence discovery.

81
Q

What is Apparent Authority?

A

The reliance on individuals who act as though they have authority to allow police entry or search

This principle can affect the legality of searches conducted by law enforcement.

82
Q

Fill in the blank: A Bailee receives property from a _______.

A

[Bailor]

83
Q

What can police rely on regarding individuals with Apparent Authority?

A

The ability to allow police to enter or search

This reliance is based on the individual’s behavior that suggests they have authority.

84
Q

What landmark case discusses apparent authority regarding police searches?

A

A case where police obtain consent from a woman to search her apartment, believing they have permission based on her statement about her child living there.

In this case, the police found drugs and ammo in a backpack that they thought belonged to the child.

85
Q

What should police do if they doubt a person’s authority to consent to a search?

A

Ask more questions.

This is to verify the person’s authority before proceeding with a search.

86
Q

What is the outcome of a police entry into a hotel room when the woman says she doesn’t know the person they’re looking for?

A

The entry is deemed NO GOOD if the woman does not have the authority to consent.

The police found Victor and others with a gun, which was not valid consent for entry.

87
Q

What are the requirements for consent to search a vehicle?

A
  • Have a reason to stop the car
  • Have reasonable suspicion (RS) that evidence will be found in the vehicle

These conditions must be met for the consent to be valid.

88
Q

What is a proper request for consent during a routine stop?

A

DO NOT ASK FOR CONSENT ON ROUTINE STOPS WITHOUT RS.

Consent obtained under these circumstances may not be valid.

89
Q

What was the outcome of a consent to search during a stop for tinted windows in a high crime area?

A

The consent to search was deemed no good due to evasive answers and drugs present in the vehicle.

This highlights the importance of context and circumstances surrounding the request for consent.

90
Q

What should officers NOT do when asking for consent?

A

Officers DO NOT have to explain why they are asking for consent or what they want to look for

Officers also do not need to inform the motorist of their right to refuse.

91
Q

What is the recommended way for officers to ask for consent?

A

Officers SHOULD ask for consent the same way every time

This includes asking once, getting verbal consent instead of written, and obtaining a clear response.

92
Q

Who has the primary ability to consent to a search?

A

The owner has the primary ability to consent

If the owner is not present, the ability to consent goes to the driver.

93
Q

True or False: Police consent from one occupant extends to items clearly owned by others.

A

False

For example, a suitcase in the trunk identified as a passenger’s is not included.

94
Q

Fill in the blank: Officers should get _______ consent instead of written.

A

verbal

95
Q

What is essential for officers to obtain when asking for consent?

A

A clear response

This ensures that consent is understood and unequivocal.

96
Q

Consent from
The drive to search a bag at the feet of a passenger with no objection from the passenger leads to a gun that belongs to the passenger, good?

A

Yes
## Footnote

The passenger did not object, making it reasonable to assume the bag belongs to the driver.

97
Q

What areas does general consent cover during a vehicle search?

A

Closed and open containers in:
* Glove box
* Passenger compartment
* Trunk

This is a standard practice in vehicle searches.

98
Q

Is it permissible for officers to search an ashtray without separate consent?

A

Yes, consent allows officers to pull out the ashtray and find stashed money

This falls under the general consent provided by the driver.

99
Q

What was the outcome of removing screws from a carpet strip during a vehicle search?

A

GOOD

This action was deemed acceptable under the circumstances.

100
Q

Was slashing a spare tire considered a valid search method?

A

NO GOOD

This method did not meet the necessary legal standards for a search.

101
Q

What is necessary to open a locked box during a vehicle search?

A

Separate consent

Officers cannot assume consent extends to locked containers.

102
Q

Can officers check an air filter without additional consent?

A

NO GOOD

This action was ruled as outside the scope of reasonable search areas.

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