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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.
Do the police have to give a warning advising someone that they do not have to consent to a search?
No, they only have to inform you of your rights if they are arresting you.
Can a traffic infraction give a cop probable cause to search your vehicle alone in Florida state law?
No. Unless you are being arrested or give the officer consent to search the car a simple traffic infraction alone does not give the right to search a vehicle.
When you share a storage locker can one person give consent for police to search it?
No, It has to be both of the locker's owner.
If given consent can police search your home without the suspect present?
Who ever owns the house and pays the bills should make the desision.
Can a minor give police officer the right to search their residence with a warrant?
There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.
Can Teachers give parental consent?
No. A parent can give parental consent. A teacher can give teacher consent.
Is it legal to for someone to stop and search if consent is given?
Any search is legal if proper consent is given.
If permission given to search car by someone other then car owner is it illegal search?
If permission is given by the operator of the vehicle for the police to search it, then it is a legal search. The operator is the person responsible for the vehicle and as such they have the right to give permission.
Can a 17 yr old daughter legally move to her boyfriends house if you didn't give consent to her living there in norfolk Virginia?
No she can not. She needs parental consent until she is 18.
Can a minor give concent to enter your house?
Minors generally do not have the legal capacity to give consent. It is the responsibility of the homeowner or resident to ensure that individuals entering their house have permission from a legal guardian or parent.
Is it legal for a cop to search a car based off the driver's consent but the only owner of the car was in the passenger seat and not informed about the search whatsoever?
The operator of the vehicle (driver) is legally responsible for the contents of the vehicle and can give consent to search the vehicle. As long as the consent was given voluntarily, not coerced, and the person consenting has actual or apparent authority over the vehicle. This is considered a "third-party consent scenario." The third-party driver of the vehicle can consent to a search while the owner is present as a passenger. Rodriguez, 497 U.S. at 186. A critical factor to consider is whether the owner/passenger objected to the search.So the question is: Did the owner/passenger object to the search?" If not, I don't think the owner has an argument.
