Consent Study Notes - Edubirdie

University:
University of Alabama
Course:
CJ 100 | Intro Criminal Justice
Academic year:

2022
Views:

149

Pages:

1
Author:

5prinzg1s

Consent.  Warrant Exception: Consent. o Not a violation of Fourth Amendment to conduct a search without a warrant or probable cause if the police receive voluntary consent from person who apparently has the authority to offer it.  “Voluntary”: knowledge of the right to refuse consent is not required (Schneckloth); but the false claim by an officer to have a warrant negates the possibility of voluntary consent (Bumper v. North Carolina).  “Apparently”: an officer’s reasonable belief that the consenting person has the right to permit a search is sufficient, even if later turns out that the person lacked such rights (Illinois v. Rodriguez).  “Authority”: police officers may search a jointly occupied premises if one of the occupants gives consent, unless another occupant is physically present and objects to the search (Randolph). If the objector is then removed on an objectively reasonable basis (e.g. lawful arrest), the police may search with consent of remaining occupant (Fernandez).

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