Exceptions to Warrants

Consent

The Fourth Amendment will not protect an individual from a search, even without the presence of a warrant, if the individual consents to the search. Although this is usually not a complicated issue, more ambiguous situations may arise based on coercion of an individual, vulnerability of an individual, and other more difficult scenarios which will be addressed here.

It is important to remember that the Fourth Amendment does not require that an individual's consent to a search of his person or property be knowing and intelligent -- the Fourth Amendment merely requires that the consent be voluntary. One situation in which consent is considered involuntary is when the individual is coerced by police officers to consent to a given search . . .

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Page last updated: 2/17/2007
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