consent search – conducted after a person with the authority to do so voluntarily waives Fourth Amendment rights

     This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking >>>>  Search and Seizure – reasonable or unreasonable? >>>> Search:

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consent search:
(1965)

1. A search conducted after a person with the authority to do so voluntarily waives Fourth Amendment rights.  *  The government has the burden to show that the consent was given freely — not under duress. Bumper v. North Carolina. 391 U.S. 543, 548-49, 88 S.Ct. 1788, 1792 (1968). — aka consensual search; permissive search. [1]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

 

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