Consent Searches

Question 1

Individual Choice

Answer 1

Citizen can chose when, who and where to exercise their rights

Question 2

Guidelines in requesting consent

Answer 2

1. Establishing in individuals right to give consent to search
2. Show identification
3. State the purpose of the their visit
4. As for permission to enter the premises
5. Be polite, accept no for an answer

Question 3

Common Authority

Answer 3

Mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the other have assumed the risk that one of their number might permit the common are to be searched

Question 4

Randolph v State/Georgia v Randolph

Answer 4

GA Court of appeals say one cannot forfeit the constitutional rights of another

Question 5

Georgia v Randolph

Answer 5

The US Supreme Court held that warrantless search was unreasonable as to defendant who was physically present and expressly refused to consent

Question 6

Scope of Consent

Answer 6

The burden is on the state to prove the scope was not violated. The scope can be limited as the consenter wishes.
1. Acquiescing is not consent