UNREASONABLE SEARCH AND SEIZURE: Consent Searches

DO NOT CONSENT TO SEARCHES!

I considered leaving this article at that.  You should never consent to searches by law enforcement.  Consent searches are the most common type of warrantless search.  Consent is a murky issue.  In order to use the fruits of a search against the defendant in a consent search case, the prosecutor must show that consent was voluntary.  The Court has handed down a rather contradictory ruling in this regard, as the prosecutor need not show that the defendant knew he or she had a right not to consent (see Schnekloth v. Bustamonte).  As such, police may, and do, employ deceptive and coercive tactics to obtain consent to search. 

In another landmark Supreme Court case, United States v. Drayton, two suspects were traveling on a bus, when police boarded the bus to search passengers.  Drayton and the other suspect did not explicitly consent to a search, but raised their arms when asked to do so.  The Court held that they consented to the search, because despite the officers' show of authority, the officers did not say that the suspects had to comply with the request to be searched. 

It should be apparent that law enforcement gets substantial leeway when determining what is and is not consent.  In car searches, police will often say "you don't mind if I look around a little bit" while already in the car, looking around.  It is important that people be aware of their right not to consent and voice their opposition to a search.  Otherwise, there is a good chance that the search will be deemed a consent search.  What certainly might seem to a rational person as coercion and deceit might very well still be consent in the eyes of the law.  Make your objection to searches clear to protect your privacy and your rights.

Police are trained to use deception and intimidation to get you to give up your valuable rights.  To a police officer, the important Constitutional rights you have are mere obstacles to their intrusion into your life and into your privacy.  They want to make arrests, get charges filed and hope that you get locked up.  It is absolutely imperative that you do not fall into their trap and give into police trying to invade your privacy.  Even if you have not broken any law, you usually have a right to refuse searches and should do so.  Just because you have "nothing to hide" does not justify the police intrusion and the inconvenience, stress and discomfort of dealing with law enforcement accusations.

One rejection of a search does overrule consent by another person with standing to consent.  In Georgia v. Randolph, a husband and wife were both asked to consent to a search of the home.  The wife consented and the husband refused.  The Court held that the refusal, not the consent had to be honored.  After all, the Constitution provides a right to be free from searches, not a right to be searched.

Other Articles in this Series: 
UNREASONABLE SEARCH AND SEIZURE:  Stop and Frisk and Search of Persons
UNREASONABLE SEARCH AND SEIZURE:  What constitutes a search?
UNREASONABLE SEARCH AND SEIZURE:  Search of Vehicles and Effects
UNREASONABLE SEARCH AND SEIZURE:  How to Suppress Evidence

If you, or someone you know, has been arrested or charged with a crime on the basis of an alleged consent search, you need a Los Angeles Criminal Defense Attorney who can assert your rights by filing and arguing a motion to suppress the evidence against you.  Contact our office for a free consultation.  There are many different ways to handle a criminal defense case, and our office can make sure you get the effective representation you need to fight the charges against you.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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