NCJ Number
62958
Date Published
1976
Length
0 pages
Annotation
THE ISSUES ARISING FROM THE FOURTH AMENDMENT REQUIREMENT THAT CONSENT TO WARRANTLESS SEARCHES MUST BE VOLUNTARY ARE EXAMINED IN THIS FILM FOR POLICE OFFICERS AND LEGAL PERSONNEL.
Abstract
TO INSTRUCT LAW ENFORCEMENT PERSONNEL ON THE PROPER TECHNIQUES FOR COLLECTING ADMISSIBLE EVIDENCE DURING WARRANTLESS SEARCHES, THIS FILM AND TRAINING MANUAL EMPHASIZE THE NECESSITY FOR OBTAINING VOLUNTARY CONSENT TO SUCH A SEARCH. ALTHOUGH A SEARCH WARRANT SHOULD BE SECURED WHENEVER POSSIBLE. THE EXIGENCIES OF PRACTICAL POLICE WORK OCCASIONALLY DEMAND RELIANCE ON THE OWNER OF THE PROPERTY BEING SEARCHED. VALID CONSENT MAY BE EXPRESSED THROUGH CONDUCT SUCH AS HAND GESTURES OR THE EXPOSING OF EVIDENCE TO THE PLAIN VIEW OF THE OFFICERS. STATEMENTS SUCH AS 'I DON'T CARE' OR 'GO AHEAD' WOULD INDICATE CONSENT TO AN OFFICER'S REQUEST TO SEARCH. HOWEVER, THE CONDUCT OR STATEMENTS OF THE PERSON GIVING CONSENT MUST BE FREELY GIVEN, WITHOUT THE APPEARANCE OF COERCION OR DURESS. DISPLAYS OF FORCE MAY INVALIDATE THE CONSENT TO SEARCH BY REMOVING THE NECESSARY VOLUNTARINESS, BUT THE COURTS WILL EXAMINE THE TOTALITY OF THE CIRCUMSTANCES AND WILL NOT NECESSARILY EXCLUDE EVIDENCE OBTAINED WHILE OFFICERS ARE MERELY ARMED. CONSENT OBTAINED BY TRICKERY OR FRAUD MAY NOT BE VOLUNTARY, BUT NORMAL UNDERCOVER OPERATIONS MAY BE USED TO OBTAIN ADMISSIBLE EVIDENCE. TO BE VALID, A CONSENT MUST BE SPECIFIC AND UNEQUIVOCAL; SILENCE DURING QUESTIONING DOES NOT INDICATE VOLUNTARINESS TO A SEARCH. ALTHOUGH IT IS NOT REQUIRED THAT THE PROSECUTION SHOW THAT THE DEFENDANT HAD CLEAR KNOWLEDGE OF THE RIGHT TO REFUSE A SEARCH, INDICATIONS OF SUCH KNOWLEDGE ARE USED BY THE COURTS TO DETERMINE VOLUNTARINESS. EXAMINATION QUESTIONS AND REFERENCES ARE PROVIDED IN THE MANUAL. (TWK)