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This paper relates that in the United States, consensual searches are made by law enforcement based on the individual giving consent for the search of their property. The paper discusses several aspects of federal law that are difficult to perceive as constitutional and identifies the situations when a search can be stopped at the person's request. The paper shows how consent, though seemingly simple, is a complex and highly subjective term in and of itself. The paper also looks at the attainment of consent from an individual in writing.
From the Paper:"In the United States, consensual searches are made by law enforcement based on the individual giving consent for the search of their property. The most frequently occurring searches in America are those without a warrant that are based solely on this consent (Moenssens, 2005). The elements of conducting a lawful search, such as probable cause or a warrant, are not necessary if the person who's self or property is being searched (Holcomb, 2003). Thus, the person gives up their rights afforded to them by the Fourth Amendment voluntarily giving the law enforcement personnel permission to conduct a search. There is also an equal right to refuse giving consent (Moenssens, 2005). Even under certain circumstances, the person is able to revoke their consent after it has been given during any point of the officers' search (Holcomb, 2005). Federal law mandates that during a trial, the prosecution must be able to sufficiently prove that consent was given freely without the person being coerced into giving it (FindLaw, n.d.)."
Sample of Sources Used:
- FindLaw: U.S. Constitution: Fourth Amendment: Annotations pg. 4 of 6 Retrieved December 11, 2007, from http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html
- Holcomb, J. W. (March 2003). Obtaining Written Consent to Search. FBI Law Enforcement Bulletin, 72, Retrieved December 11, 2007, from http://www.fbi.gov/publications/leb/2003/mar2003/mar03leb.htm#page_27
- Holcomb, J. W. (Feb 2005). Revoking Consent to Search. FBI Law Enforcement Bulletin, 74, Retrieved December 11, 2007, from http://www.fbi.gov/publications/leb/2005/feb2005/feb2005.htm
- Moenssens, A. A. (2005). Forensic-Evidence.com: Police Procedures /The Validity of Consent Searches. Retrieved December 11, 2007, Web site: http://www.forensic-evidence.com/site/Police/nonverbalconsent.html
Cite this Analytical Essay:
Consensual Searches (2009, August 27) Retrieved December 08, 2019, from https://www.academon.com/analytical-essay/consensual-searches-116122/
"Consensual Searches" 27 August 2009. Web. 08 December. 2019. <https://www.academon.com/analytical-essay/consensual-searches-116122/>