Fourth Amendment -- Consent Flashcards
What happens if a search or seizure is consensual?
There can be no search or seizure if there is consent.
Do defendants need to be informed of their right to DECLINE to a search or seizure in order for there to be consent?
D’s do not need to be informed of their right to decline to a search or seizure in order for there to be valid consent.
Can consent be coerced?
No, consent MUST be voluntary. Factors such as AGE, EDUCATION, INTELLIGENCE, and CIRCUMSTANCES also play a role into whether the consent was INDEED voluntary.
How are reasonable people treated under the law?
The more reasonable you are, the more likely you are to be presumed innocent.
What is the scope of consent?
Consent is limited to what was consented to. Os cannot go beyond what was consent to.
What happens if consent was mistakenly relied upon?
So long as the mistake was objectively reasonable, then it is okay to have relied on the mistaken consent.
Can there be consent if one of the occupants says yes, while the other says no?
If both occupants are there then the one who says no is controlling.
However, if the one that says no is arrested and then only the one that says yes remains (e.g., the D.V. case), then consent is valid.
