Reference no: EM132929084

1. Consent is voluntary when the defendant does not decline the motion of the officer, especially if the defendant gives permission for themselves or their things to be searched. When the court is looking at the circumstances in a case, they see what the defendant gave permission to do, what they did not decline, and what the defendant voluntarily went through with. A scenario in which a legal consent to search is not voluntary is when the officers have a search warrant. The defendant can not voluntarily give permission, nor can they decline a search of their person or property if the officers have a valid search warrant. Another scenario where consent to search is not voluntary, would be if an officer encounters someone in the middle of comitting an illegal act, Since the illegal act was being performed in a public area, in front of the officer, the citizen has no choice but to be detained and searched. If an officer had approached a home and asked to search the house, without a warrant, the home owner could voluntarily say yes or decline. Without a warrant and without witnessing anything illegal, voluntary consent to search can be used in accepting or declining.

2. The consent of the person being searched is one of the factors that a US court uses to determine whether a search is voluntary or involuntary. The impact of everything that happens during the process of a person who gives consent to a search is considered "voluntariness" because the individual is agreeing to be reviewed or registered. Example: An officer receives an anonymous call informing him that a woman at 687 Park Ave is growing cocaine. The officer goes to do his research and knocks on this woman's door without a warrant, informing her that he will search. The officer informs her that he has not a court order. At that point, the woman can refuse the search or give her consent to the officer to search. If the woman says "no," but the officer still searches, it is illegal, and the officer is violating the fourth amendment.The influence of everything that happens during an individual's granting of consent to search for a specific person, place, or thing must be considered in deciding whether the consent was voluntary, according to the United States Supreme Court's totality of the circumstances test. Courts have the authority to evaluate nearly any element relating to an individual's permission. However, an examination of court rulings reveals that several factors are particularly important. The characteristics of the subject giving consent, the environment in which the consent is given, the actions or statements made by the subject giving consent, and the actions or statements made by law enforcement officers while asking for consent for a search can all be classified into four broad categories (Legal Digest, 2014).

3. Consent is a topic that can be very tricky and must be looked into deep details. Just because a defendant consented to one thing does not mean they gave consent to another. When examining consent the court of law look into what consent was given for, what consent was not given for, and what events took place. A scenario when consent is not voluntary is with a search warrant. When an officer gets a search warrant it is because they had probable cause for some type of crime. When crimes are being committed there is no need for consent. If an officer has a search warrant, the suspect can not decline entry or stop the search. A scenario when consent may be needed is during a routine traffic stop. If a person gets pulled over for speeding, on officer can not just search the vehicle without consent. However, if the officer sees a crime being committed other then the traffic violation and has probable cause than he or she may proceed to search without consent.

4. The courts examine if the defendent declines or accepts for their belongings to be searched. Consent is voluntary if the defendant allows the police to search for whatever they want; without any decline but only with the cooperation of the defendant. If there is no cooperation and the defendant does not consent then it is not voluntary and therefore illegal. However, If law enforcement have a warrant or strong probable cause to make a case against the defendant for a search or an arrest then it is no longer illegal as long as the courts involved at this point. A scenario demonstrating a circumstance in which consent is not voluntary would be if the police recieve an anoymous tip call stating 2 men near a bus stop holding a gun. Police arrive at the scene but only find 1 man by himself but have no warrant or reason to suspect a crime is being committed or about to be committed. Out of curiousity, the cop begins to get closer to the man and ask him questions and begins to ask the reason he stopped him. The cop thinking the defendant may be armed forcefully starts searching the man while the man visibly looks anxious and clearly does not want to be searched. At this point there was no consent from the defendant and therefore it was illegal. It also violated the 4th amendment since there was no reasonable suspicion or porbable cause of a crime being committed.

5. Review courts must determine, on the basis of the totality of the circumstances, whether consent has been freely given or obtained through coercion. Actual knowledge of the right to deny consent is not essential for a search to be voluntary, and therefore the police are not required to inform a person of their rights, as through a Fourth Amendment version of the Miranda's warnings. But consent will not be considered voluntary when the officer asserts his official status and claim of rights and the occupant yields due to these factors.

6. One scenario in which consent may be required is during a suspended registration or license plate stop. since if the person is being detained for those reasons the officer simply cannot decide to search the vehicle without the consent of that person. On the contrary that the police see that there is something dangerous in the car and that there is a reasonable suspicion.