Fourth Amendment – Consent Searches

Question 1

Bustamonte (1973)

Answer 1

Waiver or Coercion: Consent requires voluntariness (not coerced): determine by totality of circumstances

FACTORS: youth of the accused, e.g., Haley v. Ohio; his lack of education, Payne v. Arkansas; or his low intelligence,Fikes v. Alabama; the lack of any advice to the accused of his constitutional rights Davis v. North Carolina; the length of detention, e.g., Chambers v. Florida; the repeated and prolonged nature of the questioning, Ashcraft v. Tennessee; and the use of physical punishment such as the deprivation of food or sleep, Reck v. Pate
Spectrum analysis: 1) acknowledged need for police questioning as a tool for the effective enforcement of criminal laws. 2) set of society values reflecting criminal law cannot be used as an instrument of unfairness, and that the possibility of unfair and even brutal police tactics poses a real and serious threat to civilized notions of justice
Traffic stop; cops asked “can I search the car”; they said “sure, go ahead”; found stolen checks

Question 2

GA v. Randolf (2006)

Answer 2

Waiver or Coercion: The customary standard is that where one person in joint authority refuses consent, cops must honor that refusal.
D’s estranged wife calls cops and claims he’s a coke-head. She gives consent, but D doesn’t.

Question 3

Robinett ()

Answer 3

Waiver or Coercion: Cop doesn’t give speeding ticket/warning; but asks: do you have any drugs/weapons before you go? No? then can I search your car? SCOTUS: no warning required (LE don’t need to say “you can refuse any time)

Question 4

FL v. Jimeno (1991)

Answer 4

Waiver or Coercion: During a consent search, cops can search everything in a car that they have reason to understand the consent to apply to within the car.
While performing a consented search of a car, cops open up brown bag containing drugs.

Question 5

Matlock (1974)

Answer 5

Waiver or Coercion: 3d party with common authority over premises can consent/volunteer (D assumes the risk when providing this authority to a 3d party); proof of common authority rests on State

Question 6

Rodriguez (1990)

Answer 6

Waiver or Coercion: Apparent Authority: 3d party that cops reasonably believed to have common authority (but doesn’t) over premises can consent