The 4th Amendment: Arrest and Evidence
Imagine you are on patrol one night when you stop a vehicle for a valid traffic violation (one headline, speeding, etc.). Upon approaching the vehicle, you cannot smell or see anything illegal, but the occupants aren’t acting quite right. As a result, you decide to request a consent search on the vehicle from the driver.
Keeping this scenario in mind, describe the two tests of consent the Supreme Court relies on to determine whether suspects have given up their right against unreasonable searches. Then, critically analyze how you would proceed with getting consent to search while upholding the rights of the occupants.
When forming your thoughts this week, you might want to consider this reference which provides a synopsis of case law about consent searches: