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Chapter 16
: Consent Searches:
Table Of Contents
Chapter 16
: Consent Searches:
Rule
Limitation; Free and Voluntary Requirement
Burden of Proof
Factors
Circumstances Affecting Voluntariness:
Under Arrest
Use of Firearms
Threatening to Obtain a Warrant
Threatening to Use a Drug-Sniffing Dog
Implying Guilt
Using a Ruse
Threats to Take Away One's Children
Other Inducements
Combination of Factors
During a Consensual Encounter
Manner of Inquiry
Product of a Constitutional Violation
Illegal Entry or Arrest
Illegal Search
Illegal Interrogation
Sixth Amendment Violation
The Scope of the Consent
Burden of Proof
Test
Express vs. Implied Consent
Issues:
Withdrawal of Consent
Limiting the Consent
Use of a Drug-Sniffing Dog
Placing Conditions on the Consent
Use of a Ruse or Deception
Suspect Under Arrest Giving Consent
Consent to Search a Residence with No Suspicion
Other Elements of a Consent Search:
The Right to Refuse
Miranda
Written Consent
Consent During a Prolonged Detention:
General Rule
After Detention Ended
Answering the Telephone
Sanctions for Violations
Consent by Others:
General Rule
Examples:
Landlord
Parent
Child
Co-Occupant (Husband and Wife)
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