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Understanding Consent Searches in Law Enforcement Practice

Explore the nuances of consent searches, search incident to arrest, protective sweeps, and emergency exceptions in the context of the 4th Amendment. Learn about factors affecting consent searches, scope of searches, capacity to consent, and standing to assert rights. Gain insights into court rulings and exceptions to search procedures.

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Understanding Consent Searches in Law Enforcement Practice

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  1. CP Lesson 9 – Remaining Searches and Considerations • Consent Searches • Search Incident To Arrest • Protective Sweeps • Emergency Exceptions • Standing To Assert 4th Amendment

  2. Consent Searches • Express & Implied • Voluntary and Intelligent Waiver • Ignorance alone not enough Schneckloth v. Bustamonte (1973) • Factors to be considered in determining: • Knowledge of right • Intelligence, age, and education • Whether suspect believed evidence to be found • How long detained and nature of questioning • Did police behave in coercive manner

  3. Scope of Search • Can be limited by suspect • Can be revoked by suspect • Consent can be implied – FL v. Jimeno (1991)(auto consent implies containers within the auto).

  4. Capacity To Consent • Generally, anyone w/ equal right to use property in question may consent • Only applies to common areas • Apparent authority to consent – IL v. Rodriguez (1990) • Mixed signals – GA v. Randolf (2006)

  5. Search Incident To Arrest • General Principles • Scope of Search • Area of Immediate Control – Chimel v. CA (1969) • Protective Sweeps – MD v. Buie (1990) • Automobile Arrests • NY v. Belton (1981) • Thornton v. US (2004)

  6. Emergency Exceptions • Rationale • Hot pursuit – Warden v. Hayden (1967) • Evanescent evidence – Welsh v. Wisconsin (1984) • Maintain safety of endangered persons – Brigham City.

  7. Standing to Assert 4th Amendment Rights • Civil justice comparison • Traditional rule vs. Katz idea • Rakas v. IL (1978) – Legitimate Expectation doctrine • House Guests • Minnesota v. Olsen (1990) – Overnight OK • Minnesota v. Carter (1998) – Reasons why it’s different (commercial, short term, etc.)

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