Consent

Question 1

There are three essential elements of any consent search by officers

Answer 1

1) Voluntary and Clear

2) Lawful presence and proper scope

3) Authority

Question 2

When Officers receive consent for a search the person consenting must have …..

Answer 2

Sufficient authority to allow officers to search

Question 3

Consent search must be voluntary given and communicated clearly. Prior cooperation often indicates

Answer 3

Voluntary consent

Question 4

Consent must be voluntarily given and communicated clearly. To determine whether the defendant voluntarily consented, courts examine …..

Answer 4

The totality of circumstances

Question 5

The Commonwealth has the burden of proving that consent was in fact, _________. Proof must be by a _________ _________ ________ ______ because the act of giving up ones expectation of privacy to officers is so significant. To determine whether consent was lawful, a reviewing court examines the _______ of the _______ presented by each case. This requires looking at two key issues……

Answer 5

Voluntary
Preponderance of the evidence
totality
Circumstances

1) Police Behavior
2) Suspect characteristics

Question 6

An Officer does not have to want an individuals _______ to refuse when obtaining consent

Answer 6

right

Question 7

Once a person gives consent they may _______ it

Answer 7

withdraw

Question 8

Informing a defendant that Officers will be looking to apply for a search warrant if they don’t have consent will not be a _______ weighed against officers

Answer 8

factor

Question 9

Consent does not have to just be orally or written consent can also be demonstrated by …..

Answer 9

behavior
(Such as an obvious gesture or opening a vehicle or a package)

Question 10

Consent may be obtained through a language ______

Answer 10

interpreter

Question 11

Police may ______ ______ obtained during a consent search without a warrant

Answer 11

test evidence

Question 12

What is the first step in obtaining proper consent to search a vehicle

Answer 12

having a valid reasons to stop the vehicle initially

Question 13

In order for officers to ask for consent to search a vehicle they must have a ______ _____ to stop or approach the motorist

Answer 13

Valid reason

Question 14

Courts and Commentators have realized that lack of any meaningful standard for requesting consent has encouraged some officers to use the tactic arbitrarily. Thereof Comm v. Torres requires that officers have ________ _______ prior to their asking for consent to search the car

Answer 14

A reasonable suspicion of criminal conduct

Question 15

Officers may not request a consent search at the end of a _______ car stop.

Answer 15

Routine
(No suspicious consent searches in Massachusetts)

Question 16

Absent _______ ______ cannot extend a traffic stop to ask for consent

Answer 16

Reasonable suspicion

Question 17

Officers shouldn’t get _________ consent. If an Officer does this once they will be expected to do this every time

Answer 17

written

Question 18

During a consent search officers have some latitude in how they conduct their search, as long as they do not _______ ______. E.g officers could remove some screws and look under a carpet in the passenger compartment

Answer 18

Damage property

Question 19

The key to all third party consent searches is whether the third party has _______ ______ ____ ____ over the area or personal property to be searched. For example, parents may consent to the search of property used by their child, so long as they satisfy this standard, The same is true for spouses and roommates

Answer 19

Joint Access and Control

Question 20

The test in the previous question does not mean that the consenting third party must _______ _____ the area being searched

Answer 20

Actually use

Question 21

Police do not have consent to enter a home if exigent circumstances do not exist and one of the occupants________ to Police entry

Answer 21

Object

Question 22

Parents may consent to a search of their child’s property if they have _______ ______. This is true whether the child is a minor or an adult

Answer 22

legitimate access

Question 23

Third parties may only consent to a police search of a home if they are ______ or in possession of ______ _______ authorizing them to consent to a police search

Answer 23

co inhabitants
explicit contract
(A contract from say a landlord that explicitly states that the tenants agree to police searches)

Question 24

Police will not be held accountable if a third party gives reasonable explanation that they have _______ _______ to consent

Answer 24

apparent authority

Question 25

In order to be able to later rely on the doctrine of apparent authority in court , if police are unsure whether a resident has authority to consent to police entry, police must

Answer 25

Ask enough questions so their reliance on third party consent is reasonable

Question 26

When given consent to enter a residence and its is reasonable to believe that a person has ________ ___ _____, police do not have to ask questions to confirm that belief

Answer 26

Authority to consent