0
What else can I help you with?
When do you not need a search warrant?
In general, you do not need a search warrant when conducting a search with the voluntary consent of the person being searched.
The essential ingredient for valid consent to search is?
The essential ingredient for valid consent to search is the individual's voluntary agreement to allow the search to take place without any coercion, intimidation, or pressure from law enforcement. The consent must be given willingly and without any form of duress. Additionally, the individual must have the authority to give consent to the search.
Can the officers search the automobile again two hours later without obtaining a new consent to search?
This would depend on the reason the car was searched in the first place, and the circumstances at the time of the second search. If permission is given to search (a consent search), the permission can be withdrawn. If the officers have not developed probable cause to continue searching, the search must stop. In the sceanario described, it is possible that probable cause developed to search the vehicle a second time. If so, then the search would be permissible. If the first search was by consent and the consent was not withdrawn, then one could argue that a consent search could resume two hours later.Additional: Also - if the vehicle was impounded and towed to a secure facility, an "inventory search' may be conducted to inventory. account for, and secure any property contained in the vehicle. However such an "inventory search" may not be used as a subterfuge for searching for, and seizing, any contraband or evidence which the vehicle may contain. For that purpose, a search warrant would still have to be applied for and granted.
Is it legal to for someone to stop and search if consent is given?
Any search is legal if proper consent is given.
Who can give consent to search a house?
In general, consent to search a house can be given by the homeowner or someone who has authority over the property.
Who cannot consent to a warrant less search of a home?
Only a legal occupant of a residence, or an owner or employee of a business can consent to a warrantless search of the premises - UNLESS - the search involves the "fresh" or "hot" pursuit of a wanted subject - then, no consent is needed to enter.
Can someone search my bag without cause that isn't a policeman?
An individual person cannot search your things without your consent. The only exception is if you implicitly consent. For example, if you go to a concert, you consent to obey the rules of the facility, which may include consenting to a brief search at the door.
What does popular consent mean?
deal with who can consent/object to a lawful search of a vehicle
Is a vehicle search legal before you are arrested?
It can be a legal search if probable cause exists, or with consent.
What if your parents aren't married by law and they are given a consent form to search your room and person?
Generally, their marital status has no bearing on the issue. As long as they have legal custody they can consent to a search.
Can a cop search your vehicle without written consent?
Certainly. In many cases written consent would be difficult.
Is giving consent to search a home the same as a search warrant?
NO, it isn't. A search warrant limits the scope of a search. Once you have consented to a search, you have placed yourself outside the protections of the fourth amendment! There is no longer any requirements of reasonability and you will likely be prevented from supressing any resulting evidence later on. NEVER consent to a search!
