Consent search

rdf:langString Consent search

rdf:langString Consent search

rdf:langString November 2018

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rdf:langString Consent searches (or consensual searches) are searches made by police officers in the United States based on the voluntary consent of the individual whose person or property is being searched. The simplest and most common type of warrantless searches in the United States are searches based upon consent. No warrant, probable cause or reasonable suspicion is required to perform a search if a person, or someone else with the proper authority, consents to a search. A consent search assumes the individual, whose person or property is being searched, is aware that they have the right to refuse a search in a situation when confronted by law enforcement agents. By giving consent they are assumed to waive, freely and voluntarily, his or her Fourth Amendment rights, granting the officer permission to perform the search. Where consent is obtained through "deception" on the part of the police officer, the search may be determined to be an unreasonable search in violation of the Fourth Amendment. The three main categories of searches are a search of a house, automobile or pedestrian. In the case of an automobile, it is assumed the officer has already seized the car and the encounter is a Terry stop. When an officer returns a driver's identification, the encounter has been transformed into a consensual encounter. In the case of a pedestrian, a consensual encounter can lead to a Terry stop based on information gathered during conversation. Some states and cities pass laws that require officer to notify a right to refuse in one case, but not the others.