Explain the rules for consent searches

Question

What will be an ideal response?

Answer 1

There are several important questions that must be considered when evaluating consent to search:
• What is the standard for evaluating consent?
• Who can consent to search?
• Once given, how is the extent of the search determined?
• How long does consent to search last?
The Supreme Court rejected the idea that Fourth Amendment rights were on par with Fifth Amendment rights. While Miranda stand guard in front of the Fifth Amendment, the Court rejected the idea that suspects be given Fourth Amendment warnings before they could consent to a search. It declared that the standard for giving consent was whether the consent was voluntary. Each case is decided on its own facts using the totality of the circumstances analysis.
The police can rely on consent from anyone with apparent authority over the area. This means that it appears that this person has a reasonable expectation of privacy in the location to be searched. A recent Supreme Court case clearly stated, however, that if the suspect refused to consent, no one else with authority over the area could give the police valid consent to conduct a search.
The person giving consent is in control of how extensive the search may be. Even if no restrictions were imposed on the consent when it is given, it is still possible for the person to revoke the consent at any time. Giving or withholding consent does not change the probable cause equation.