Consent Searches

Question 1

Schneckloth v. Bustamonte (1973)

Answer 1

• When a prosecutor seeks to rely on consent to justify a warrantless search, they have the burden of proving that the consent was freely and voluntarily given
• For consent to be valid, it must be given without coercion, implied threat, or force
• Consent to search doesn’t require the consent be knowing and intelligent

Question 2

Bumper v. North Carolina (1968)

Answer 2

Even if a person voluntarily consents to a searchg, they can set limits of a temporal natural or limit the scope of the search;
A person can withdraw consent

Question 3

Fernandez v. California (2014)

Answer 3

Consent by one resident of a jointly occupied premises is generally sufficient to justify a warrantless search, so long as no other occupant who objects to the search is physically present

Question 4

Illinois v. Rodriguez (1990)

Answer 4

a warrantless entry is valid based on consent from a person in which police reasonably believe has authority to give consent

Question 5

Florida v. Jimeno (1991)

Answer 5

If police exceed the scope of the consent granted, even if the consent was voluntarily given, the consent serach is invalidated