Special Needs, Consent, Race and the Fourth Amendment

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Special Needs, Consent, Race and the Fourth
Amendment
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Problem 4-15

• Health and safety or pervasively regulated
  business?
• If former, administrative warrant
• If latter, limitations on time, place, scope

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Probation and parole searches

• Probation post-conviction but before prison
  suspended sentence
• Parole post-prison
• Probation and parole search conditions
• RS of crime or violation of probation/parole
  sufficient for search of person, vehicle, or home

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Consent Issues

• What constitutes valid (voluntary) consent?
• Who may grant consent?
• What is the scope of a consent search?

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Determining voluntariness?

• Case-by-case, totality of circumstances
• Was the individuals will overcome by police
  action?
• Coercion threats or promises
• Objective factors considered force, verbal
  intimidation, length and place of detention, etc.
• Fundamentally subjective inquiry (age, education,
  race, experience, physical state, right to refuse)

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Problem 4-25

• Was the consent voluntary?
• Did the search exceed the scope of the consent?

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Problem 4-26

• Did Brenda have actual authority to consent to
  the search of the trailer?
• If not, did she have apparent authority?
• Does Brenda have actual authority to consent to
  search of hotel room?
• If not, apparent authority?
• Actual authority to consent to search of cabin?
• Apparent authority?

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Problem 4-27

• Was consent to search voluntary?
• Did search of car exceed scope?
• Did search of box exceed scope?
• Did search of sneaker heel exceed scope?
• Was attempted withdrawal effective?

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Next time

• Terrorism, Surveillance, and Special Statutory
  Powers, pp. 461-521