Consent For Search And Seizure
Description
How to fill out Consent Form For Substance Searches Of Vehicles And Personal Effects And For Testing Of Employees?
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FAQ
If police ask to search or take a look at your person or belongings, you don't have to consent and you should say ?I don't consent to this search.? Note that even if you refuse to consent, officers may still have authority to search you (see next section). If you are arrested, ask to speak with a lawyer.
There are two requirements for a consent search to be valid. First, the consent must be voluntarily given. Both ?the Fourth and Fourteenth Amendments require that a consent not be coerced, by explicit or implicit means, by implied threat or covert force.?
But again, under the 4th Amendment the operative word is always reasonableness. Consent is a reasonable exception to the warrant requirement. With voluntary consent from someone who has actual or apparent authority over the place to be searched, agents do not need probable cause or a warrant.
The most basic requirement is that the suspect must have consented?either expressly or impliedly. EXPRESS CONSENT: Express consent results when the suspect responds in the affirmative to an officer's request for permission. There are, however, no ?magic words? that the suspect must utter.
Consent searches (or consensual searches) are searches conducted by United States law enforcement after obtaining the voluntary consent of the person being investigated.
