Consent Flashcards

1
Q

Can consent allow a search even if there is no probable cause?

A

YES: large portion of police searches are conducted due to consent

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2
Q

Rationale for consent:

A
  1. Not a search with consent
  2. Privacy is less harmed with consent
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3
Q

What is the rule from Schneckloth v. Bustamonte?

A
  1. Consent can be voluntary even if the target does not recognize their legal right to refuse
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4
Q
A
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