Author Question: Discuss the various tenets of consent. What will be an ideal ... (Read 27 times)

oliviahorn72 · **on:** Aug 23, 2018

Discuss the various tenets of consent.

What will be an ideal response?

Question 2

A legally binding contract includes all but which of the following?

a. An offer by one party and an acceptance by another party.
b. An exchange of promises for something of value.
c. Legal subject matter, including breach of contract.
d. Contractual capacity of the parties.

dominiqueenicolee · **Reply #1 on:** Aug 23, 2018

Answer to Question 1

Consent searches do not require probable cause, reasonable suspicion, or an articulable justification. Demonstration of voluntary nature of the private citizen is all that is required. All evidence found during a consented search is still bound by the tenets contained in the Fourth Amendment. The parameters in which the consented search are limited to the duration of the original assent. Determination of voluntariness is accomplished through a careful consideration of the totality of circumstances. Factors that less the voluntary consent include: age, low level of education, low intelligence, lack of advice of constitutional rights, length of detention, repeated and prolonged nature of questioning, and the use of physical punishment. If a citizen gives consent, they retain the right to limit, guide, or terminate the search. Consent under special circumstances may be granted by a third-party.

Answer to Question 2

c