Consensual Searches
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What are the different consent searches. Are consent searches truly consensual? Is the tactic used by police called "Knock and Talk" merely a tactic or does it violate the Fourth Amendment of the Constitution. May your children allow a search of your domicile since they also live there, and what about a spouse of another party who lives "in common" with the person whose residence is to be searched? Must a warrant be presented for a consensual search?
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Solution Summary
Who has the right to consent to a search when there is a warrant? "Consensual Searches" addresses whether or not a landlord, parent, spouse, children, college dean, et al, have the authority to consent to the search of a residence, dorm room or vehicle for another party. Specificity of what rooms may be searched when people hold a residence in common is addressed along with what is called "Knock and Talk" and whether or not this is a violation of the Fourth Amendment of the Constitution.
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Simply stated there is no need to justify searches when the person has given consent to the police to do conduct said search. These "Consent Searches" are usually divided into three categories: Voluntary; Scope; and Third-party authority.
No warrant is needed, nor is probable cause needed, when the person to be searched, or his premises gives consent. Neither do officers have to advise the person that he or she has the right to refuse to be searched and "free to go." (Ohio v. Robinette [519 U.S. 33, 1996]) (Worrall, 2002). This was reaffirmed in U.S. v. Drayton (536 U.S. 194[2002]) (id); however a judge may consider the fact in the "totality of circumstances of analysis" (U.S. v. Mendenhall, 446 U.S. 544 [1980] (id).
Two issues must be considered when discussing the Scope of Consent. IN Florida v. Jimeno (500 U.S. 248 [1991]) (id) the court ruled that the person giving consent has the right to determine the scope of the search. In State v. Brochu (237 A. 2nd 418 [Me. 1967]) (id) it was ruled by the court that giving consent to search on one day does not apply to a second day, in this particular case after the suspect who allowed the first search was arrested.
Finally, there is the matter of Third-party Consent, for example a landlord, parents, spouse, ...
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