Author Question: Name and describe the three most important limits on the search with consent exception to the search ... (Read 65 times)

james9437 · **on:** Aug 13, 2018

Name and describe the three most important limits on the search with consent exception to the search warrant requirement.

What will be an ideal response?

Question 2

Name the four types of things that can be constitutionally searched and seized. Give an example of each.

What will be an ideal response?

briseldagonzales · **Reply #1 on:** Aug 13, 2018

Answer to Question 1

The three most important limits on the search with consent exception are: (1) The
consent must be voluntary. (2) The search must stay within its allowable scope. (3)
The person must have the authority to give consent. Requiring the consent to be
voluntary means that the consent was not obtained by the use of force, duress, or
coercion. The scope of allowable search depends on the type of consent given. If
permission is to look around, officers are not authorized to open closets, drawers,
etc. The warrantless entry of private premises by police officers is valid if based on
the apparent authority principle, which means if the police reasonably believed that
the person granting consent possessed common authority over the premises.

Answer to Question 2

The four types of things that can be constitutionally searched and seized are (1)
contraband, (2) fruits of the crime, (3) instrumentalities of the crime, and (4) mere
evidence of the crime. Examples, in order, are: (1) illegal drugs, counterfeit money,
or gambling paraphernalia, (2) stolen goods or forged checks, (3) weapons and
burglary tools, and (4) suspect's clothing containing bloodstains of the victim.