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consent search
Consent searches are searches made by law enforcement personnel in the United States based on the consent of the individual whose person or property is being searched.
==Overview==
In the U.S., the simplest and most common type of warrantless searches are searches based upon consent.〔Moenssens, A. A. (2005). Forensic-Evidence.com: Police Procedures /The Validity of Consent Searches. Retrieved August 14, 2006, Web site: http://www.forensic-evidence.com/site/Police/nonverbalconsent.html〕 No warrant or probable cause is required to perform a search if a person with the proper authority consents to a search.〔Holcomb, J. W. (March 2003). Obtaining Written Consent to Search. FBI Law Enforcement Bulletin, 72, Retrieved August 14, 2006, from http://www.fbi.gov/publications/leb/2003/mar2003/mar03leb.htm#page_27〕
A consent search requires the individual whose person or property is being searched to freely and voluntarily waive his or her Fourth Amendment rights, granting the officer permission to perform the search.〔Bergman, Paul. "How Police Get Permission to Conduct a Search". Nolo. Retrieved April 30, 2014. Website: http://www.nolo.com/legal-encyclopedia/how-police-get-permission-search.html〕 The person has the right to refuse to give consent,〔 and except in limited cases may revoke consent at any point during the search.〔Holcomb, J. W. (Feb 2005). Revoking Consent to Search. FBI Law Enforcement Bulletin, 74, Retrieved August 14, 2006, from http://www.fbi.gov/publications/leb/2005/feb2005/feb2005.htm〕 In addition, the prosecution in any trial using the search results as evidence is required to prove that the consent was voluntary and not a result of coercion.〔Retrieved August 14, 2006, from FindLaw: U.S. Constitution: Fourth Amendment: Annotations pg. 4 of 6 Web site: http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html〕
In contrast to Miranda rights, officers conducting a consent search are not required to warn people of their right to withhold consent in order for consent to be valid, as determined by the U.S. Supreme Court in ''Schneckloth v. Bustamonte''.〔 Police are not required to conduct a search in a way that gives the individual an opportunity to revoke consent, as determined in ''United States v. Rich'', where the U.S. Court of Appeals for the Fifth Circuit rejected the argument that “officials must conduct all searches in plain view of the suspect, and in a manner slowly enough that he may withdraw or delimit his consent at any time during the search.”〔''United States v. Rich'', 992 F.2d 502, 507 (5th Cir. 1993)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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