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A consent search is lawful if: There is a VOLUNTARY PERMISSION to search; Given by a person with a RIGHT TO EQUAL ACCESS to the property. The search is confined to the SCOPE OF CONSENT. Voluntary Permission.
Consent when surrounding circumstances exist that would lead a reasonable person to believe that this consent had been given, although no direct, express, or explicit words of agreement had been uttered.
Sometimes referred to as the "right to be left alone," a person's reasonable expectation of privacy means that someone who unreasonably and seriously compromises another's interest in keeping her affairs from being known can be held liable for that exposure or intrusion.
If you are operating a motor vehicle in the state of Kansas, you have already given your consent to have your blood, breath, or urine tested for alcohol and drugs. It's called the Implied Consent law, and every state within the U.S. has one.
The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
In other words, if you refuse a breath test in Kansas you may likely get charged with both a DUI and the crime of Refusal of a Test. The refusal of a breath test, or for blood or urine, means that the prosecutor will have less evidence with which to prosecute the DUI case.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things
Those relevant are placed into four broad categories: the characteristics of the subject giving consent, the environment in which the consent is given, the actions taken or statements made by the subject giving consent, and the actions taken or statements made by law enforcement officers during the course of asking for
Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision. US federal regulations require a full, detailed explanation of the study and its potential risks.
According to the Fourth Amendment, the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. This right limits the power of the police to seize and search people, their property, and their homes.