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Frazier v. Cupp (1969) - one person can give consent in case of joint custody; Schneckloth v. Bustamonte (1973) - government must show that consent occurred; United States v. Watson (1976) - valid consent from person under arrest; United States v. Mendenhall (1980) - consent stop converted to Terry stop; South Dakota v.
Consent searches (or consensual searches) are searches conducted by United States law enforcement after obtaining the voluntary consent of the person being investigated. In some cases, consent may also be obtained from certain third-parties. [ 1 ]
Schneckloth v. Bustamonte, 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth ...
Illinois v. Rodriguez, 497 U.S. 177 (1990), is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.
Georgia v. Randolph, 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects. The Court distinguished this case from the "co-occupant consent rule" established in United
United States v. Matlock, 415 U.S. 164 (1974), was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. [1]
Fernandez v. California, 571 U.S. 292 (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. [1]
Case history; Prior: Conviction affirmed, State v.Knowles, 569 N.W.2d 601 (Iowa 1997); cert. granted, 523 U.S. 1019 (1998).: Holding; A law enforcement officer may not search a person's vehicle without their consent when they are not in custody once they have been cited without violating the Fourth Amendment prohibition on unreasonable searches and seizures.