Determining whether the consent is truly voluntarily given can be tricky. Explain some of the rules/guidelines the Court has used in the past. Imagine this hypothetical: a suspect is pulled over by the police. He has a moderately long rap sheet. Police approach the vehicle and think they smell marijuana and ask once for permission to search the vehicle. The suspect appears nervous but then says, “Yeah, whatever.” Has the suspect truly given voluntary consent? Explain and support your answer.
What will be an ideal response?
Student should note some of the factors a court might look to in order to establish voluntariness and apply them to the facts given in the hypothetical.
Criminal Justice
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