Consent To Search For Police
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
Consenting to a search The police can also search you if you give them ?informed consent?. This means you understand the possible consequences of the search and you agree to let them search you. The search must be limited to what you have consented to. The police must tell you the reasons why they want to search.
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.
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.?
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
