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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.?
Consent searches (or consensual searches) are searches conducted by United States law enforcement after obtaining the voluntary consent of the person being investigated. In some cases, consent may also be obtained from certain third-parties.
Consent is to be determined by considering the 'totality of the circumstances' surrounding the consent and search: 20 Page 21 [W]hen the subject of a search is not in custody and the State attempts to justify a search on the basis of his consent, the Fourth Amendment requires that it demonstrate that the consent was in ...
Society has an interest in detecting and deterring criminal activity. If an officer lacks probable cause to justify a search, but nevertheless has reason to believe that an individual is involved in criminal activity, a consent search may be the only means of uncovering evidence or furthering the investigation.
The scope of the search is basically any limitation stated in the search warrant or consent to search form that must be adhered to by the police. Anything exceeding the bounds of that scope is unreasonable.