Ch. 7 CONSENT SEARCH § 7.3 IS THE CONSENT TO SEARCH VALID? ANSWER: Yes A suspect's consent is voluntary if it is the product of free will, rather than the product of duress or coercion, express or implied. Although the above example poses a close question, the totality of the circumstances would appear to support a finding of voluntary consent: Factors Weighing Against Consent Factors Supporting Consent conduct. Driver was handcuffed. Driver did not object to the search even Driver never gave a clear and though trunk was opened in his explicit verbal consent. presence. Driver was never told he could Driver was an adult male with prior refuse consent. experience in the criminal justice system and clearly was not intimidated Driver was told he was not by the actions. officer’s under arrest, he was not going No evidence of coercive, threatening, to jail, and he was only being or otherwise intimidating conduct by handcuffed for officer safety. the officer involved. consent could easily Driver’s be implied from his
Ch. 7 CONSENT SEARCH § 7.3 IS THE CONSENT TO SEARCH VALID? ANSWER: Yes A suspect's consent is voluntary if it is the product of free will, rather than the product of duress or coercion, express or implied. Although the above example poses a close question, the totality of the circumstances would appear to support a finding of voluntary consent: Factors Weighing Against Consent Factors Supporting Consent Driver was handcuffed. Driver never gave a clear and explicit verbal consent. Driver was never told he could refuse consent. Driver was told he was not under arrest, he was not going to jail, and he was only being handcuffed for officer safety. Driver’s consent could easily be implied from his conduct. Driver did not object to the search even though trunk was opened in his presence. Driver was an adult male with prior experience in the criminal justice system and clearly was not intimidated by the officer’s actions. No evidence of coercive, threatening, or otherwise intimidating conduct by the officer involved.