Summary
Holcomb explores the issue of an individual's withdrawal of consent to search previously given to law enforcement officers. She discusses when consent can be withdrawn, what actions or statements courts have found sufficient or insufficient to constitute a revocation, and the relevance of an officer having reasonable suspicion or probable cause prior to revocation.
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Extract
Revoking Consent to Search
The Fourth Amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...."1 Law enforcement officers, however, do not need probable cause or a warrant to conduct a search if a person with proper authority voluntarily consents to the search.2 The U.S. Supreme Court, on a number of occasions, has stated that an individual may limit the scope of a consent to search by the terms of the authorization.3 One of the most obvious ways that an individual may limit the consent to a search is by revoking the consent.
This article explores the issue of an individual's withdrawal of consent to search previously given to law enforcement officers. More particularly, the article discusses when consent can be withdrawn; what actions or statements courts have found sufficient or insufficient, whichever the case, to constitute a revocation; the relevance of an officer having reasonable...See the full content of this document
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