Criminal Procedure: Search & Seizure: SW Exceptions: Consent

Consent (a fact specific legal standard)
  • Must be voluntary and intelligent
  • If police say they have a warrant, it negates consent
  • Police do not have to warn you that you have a right not to consent
  • Third party consent (authority) to consent -- where 2 or more people have an equal right to use a piece of property, any one of them can consent to its warrantless search