What is Consent to Search in Criminal Law?

[@dianadav4489]

valuable content. Thank you Mr. Gustitis this is so important and the public at large doesn't understand our rights!

[@ctrguy]

@2:35 is very important & makes sense- it’s basic cops n robbers!.. They can’t force u to be searched, but they also don’t have to give u a lesson about ur rights if u don’t know them!

[@GustitisLaw]

Excellent comment. Thank you for contributing.

[@lushswiat-powell8508]

you might remember me from the last video..... I've procured representation. it's a constitutional legal matter. we are going after unconstitutional p.d. policies. clearly it's going to take a couple years. this vid is very pertinent to my case. everyone needs to be aware of illegal searches and how officers will bully or lie to you to gain entry. everyone watching needs to read the very plain language of the 4th admendment. Great video!!! i look forward to more amendment videos

[@GustitisLaw]

I am pleased the content in our new video is helpful to you! Thank you for subscribing to Gustitis Law and for taking time to comment. :-)

[@jc34588]

Thank your for good sharing on the limits of police n our rights.Wow! Professional entrance. Honoured to be your 5th like n 110th subscriber.

[@GustitisLaw]

Thank you, Joanne! I appreciate you stopping by and becoming a part of community!

[@keithcook8173]

Great video as always. Quick question. Let’s say I’m a passenger in a friends car and I have a briefcase with me. The police initiate a traffic stop. The driver consents to a search. I do not consent to a search of my person or my briefcase. Are they allowed to search anyway since the driver consented to a search of his vehicle? Thanks Mr. Gustitis.

[@GustitisLaw]

Great question. The answer involves “who has authority” to consent to a search. In your hypo, the driver would not have actual authority to consent, but may have apparent authority. In next week’s video I will explain actual and apparent authority to consent.

[@dezz2600]

What about search warrants? Must u consent to those and can they go beyond the search warrant?

[@this-american-mutt]

If I was pulled over for speeding, and they found I didn't have a license, would that give them probable cause to search my vehicle? Further more, before getting a search warrant, can they tell my passenger to exit the vehicle and leave her personal property?

[@deesolomon9723]

Can a police officer ask my apartment manager if i live in the apartment complex or does he need a warrant for that kind of information

[@GustitisLaw]

It depends upon whether the source of information is one that individuals have an expectation of privacy that society would recognize. Did the police obtain incriminating evidence as a result of the manager’s information? I’d also review your lease. I bet there is something in the lease waiving any right to privacy. Make sure you discuss these issues with your defense attorney, as well.

[@deesolomon9723]

@@GustitisLaw thank you great information

[@ILIKETURTLES16]

Is silence considered consent? If the police ask to search your bag and you remain silent, if they search your bag is that a violation of the 4th Amendment? Also, when has a " search " officially occurred? If a police officer asks to search my bad and I say no but the officer attempts to look into my bag without ever touching the bag, is that a search?

[@GustitisLaw]

Silence is not consent. But consent could be communicated by non-verbal means. Like a head nod, etc. If they ask to search your bag, tell them "no" to make sure there is no misunderstanding. There are too many ways to perform a search, so it's impossible for me to tell you when a search has officially occurred. Just tell them "no" and let your defense attorney sort-out the details.

[@ILIKETURTLES16]

@@GustitisLaw I went to my local beach once and there was a sign at the entrance that I passed to go in that read " All packages, coolers, and bags are subject to inspection ". The cops were using that as a non-verbal means of consent to search. I remained silent when they came up to me and said " cooler inspection ". They checked anyway and found nothing and said the sign at the entrance was my consent. Someone told me that I needed to verbally tell them that I didn't want them to search, my silence was enough for them to search because of the sign I passed. Is what they did legal?

[@GustitisLaw]

@@ILIKETURTLES16 I don't know. Tell them "no" next time.

[@ILIKETURTLES16]

@@GustitisLaw ok thanks

[@paringcherelle1734]

Sir give example of consented search, please

[@GustitisLaw]

The police ask if they can search your car. You say yes. That is consent.

[@demicosmith9371]

​@@GustitisLawWhat if police or detective say " we want to take a look at your phone to look at the call history and if you don't let us we will have to take your phone with us" Would that fall under coerce since they are persuading consent by threat to take phone? If To me that it not voluntary consent

[@this-american-mutt]

Thank you for caring for our rights. If you don’t know your rights then you don’t have any. When one thing is unconstitutional it's all unconstitutional. Dismiss. Get out. Thank you

[@ronostermiller9429]

Who determines the validity of probable cause?

[@GustitisLaw]

A judge would make that ruling if the defendant challenged the probable cause finding.

[@ronostermiller9429]

@@GustitisLaw my mistake. I meant at the first contact. For example a traffic stop. Cops are good at making it up as they go. I smell pot that gives me probable cause to search.

[@MarkWilliams-uf2iw]

If my uncle pleaded guilty I'm having a pistol can my family appeal for a lesser and that's your sentence 10 years I told my family not to appeal it they could cause him to have more time if they appeal it or should they

[@GustitisLaw]

You are asking for legal advice, but I cannot give it. I'm sorry.

[@daniellenicoleperrigo3675]

If you are on probation can the police just go ahead and search without your consent ? # gustitislaw

[@GustitisLaw]

What is the situation? Is the search related to probation issues? Or is the search totally unrelated? For instance, the probation department (the government) can compel you to provide urine samples for testing (a search). But the police (the government) cannot search your car out on the highway just because you are on probation.

[@daniellenicoleperrigo3675]

@@GustitisLaw My husband was released from the probation for the unpaid fines he got picked up on the original reason they said that they were pulling in to the gas station where we was !

[@GustitisLaw]

Ok. I hope I’ve answered those questions that I’m qualified to answer. I appreciate your visiting my Channel.

[@ben3462]

I was told they are required to tell you you have the right to say no to the search

[@GustitisLaw]

Police are not required by law to tell you about your right to refuse consent. However, when they do tell you, it helps them prove your consent was voluntary. If they don't tell you, then they will need to use additional facts to prove voluntary consent.

[@St.Maurice]

If a federal agent threatened arrest if someone if they refused to consent to a search, what legal protection does one have? What if the same agent threatened to detain said person, get a warrant if they called a lawyer??

[@GustitisLaw]

Consent that's coerced is not voluntary and the seizure of evidence from the coerced consent can be suppressed from evidence. What evidence did the federal agent obtain after their threat to get a warrant? Police often threaten to get warrants. But the "threat" must be made in a very specific way. Your defense attorney will be able to explain this further.

[@GustitisLaw]

@@St.Maurice Make sure your defense attorney knows about these important facts. They may have a bearing on your case.

[@austinfaber988]

Oh boy I need help

[@St.Maurice]

@@GustitisLaw Does this count as Coercion?? kzbin.info/www/bejne/naq5faesqc2mbZI

[@eviessacorda2113]

Do all persons who have apparent authority to consent automatically have the authority to withdraw such consent?

[@GustitisLaw]

Yes. Consent can always be withdrawn by a person with the authority to do so.

[@robertbaker7887]

What if the cop never asked you for your consent and placed you under arrest put you in the vehicle, then searched your car found a bag under the seat for a suspended license but the law was extended until the end of the year due to covid?

[@GustitisLaw]

Discuss these facts with your defense attorney. They will investigate the law and the facts and then give you advice about how proceed. Good luck.

[@brettwallace6163]

Question. Can't they lie about propabil cause.

[@GustitisLaw]

They can articulate a theory of probable cause, but a proper motion challenging their theory must be ruled upon by the judicial branch of government . . . The judge.

[@yuripravdin4567]

Is this the same in the EU?

[@GustitisLaw]

Regretfully, I do not know.

[@cuttboi412]

If I signed consent to search. Can I stil win my case if they coerced me?

[@GustitisLaw]

Absolutely. Consent must be freely and voluntarily given. But there are many ways a police officer can coerce consent. Your best course of action is to discuss this important issue with your criminal defense attorney. Don't try to defend yourself, there are just too many pitfalls! Your attorney will know the law and will know how best to present this "involuntary consent" issue to the court and prosecutor. Good luck and thanks for your question.

[@cuttboi412]

Gustitis Law thanks. Appreciate it and look forward to more content.

[@GustitisLaw]

@@cuttboi412 Of course. My pleasure!

[@bernishakilgore2162]

my son is being frammed on facebook by an undercover police officer. my son agrees to receive $100 from a girl who needed to be picked up and dropped off. My son who is imature not using his brain attempts to receive the $100. now my son is being charged for trafficking. never been in jail, have no record for trafficing and now facing 3 years which now moved to 5 years due to laws changed during the years. what ca i do????????

[@GustitisLaw]

Please tell your son to remain silent and hire a defense attorney immediately. They will research the evidence and provide ideas about how to defend the case.

[@andreyahoney7205]

I got in a car accident and they found drugs what will possibly happen, I never gave consent to search me on my car the hospital found the drugs

[@GustitisLaw]

As long as the hospital was not acting as an agent for the police, and as long as the hospital was taking reasonable steps in their medical treatment, I would say they could search you. Please remain silent and hire a criminal defense attorney immediately.

[@andreyahoney7205]

Can they drug test me without my consent

[@andreyahoney7205]

If I was on probation when this happened could I got to jail

[@GustitisLaw]

@@andreyahoney7205 Possibly.

[@GustitisLaw]

@@andreyahoney7205 Can who drug test you? The hospital? Or some agent of the government?

[@johnnyringo765]

When cops start searching they don't stop. They will bully you or beat you up. They will not listen to you.

[@GustitisLaw]

They will never listen to you. They will use everything you say against you. Consequently, you must remain silent.

[@dasheonamason3435]

I have a 5 year vpo on my ex boyfriend that has my children he has tried everything on me I now caught a aggravating trafficking case changed public defender's on this case he offered me 7 years of probation in 6 months of county but he also stated I could take it to bench trail in the offer was 8 years of probation in 6 months of county time to now he stating that his threatening me with life I'm afaid I don't sign for nothing cause the whole case is dead

[@dasheonamason3435]

I been on Steve wilkos in everything like he is crazy

[@GustitisLaw]

Please call and discuss this important matter with your attorney. In the meantime, remain SILENT about the facts of this case.

[@ericmyricks1713]

They followed my wife home at night time and scared her to let them gain concent

[@GustitisLaw]

Her lawyer should consider filing a motion alleging her consent was involuntary or coerced.

[@austinfaber988]

I told The officer no to search my vehicle and he bullied me to the point I was crying and told him just search the damn car then if your gonna be like that and say I'm doing these crazy things like I'm carry bombs just crazy takes my knife to car k9 hits lies because nothing was in the car hand searches the car for 20 minutes or so felt like forever he was disappointed there was nothing ....but and of course at the very end when nothing is found after the search this officer ruined me searched me one last time a found evidence.... he knows my girlfriend from a case where she ran with money he cave her for control buy but she took off on him and my girlfriends ex.. and he was glad to tell me he put him in prison asked me to work as an informant. Turned off bodycam and asked again I said I don't have any information..(I don't know what to do about this am I completely screwed or is there hope..I'm hopeless at this point checking my mailbox for court papers I have no idea what is going to happen to me..

[@austinfaber988]

I felt like I wasn't aloud to say no I said no and still forced to feel horrible enough to give in to consent I was in tears..idk probably just except the fact that my life's just got that much easier ughhhh I can't sit still in so stressed out about this

[@GustitisLaw]

If the cop did not find anything during the search, what is the issue? Am I misunderstanding?

[@austinfaber988]

@@GustitisLaw when he couldn't find absolutely nothing in the car after a 30min search he searched me again and found a little bag of personal use

[@austinfaber988]

@@GustitisLaw he didn't find anything in the car witch is what upset him the searched my person again then found it but I really feelt like I couldn't excuse my rights and when I did he intimidated me to being scared and just flipped everything on me

[@GustitisLaw]

@@austinfaber988 Then your defense attorney should be filing a motion to suppress the stop, the search, an any evidence obtained therefrom.

[@AustiinBreezy]

The police lied he said I gave consent WHICH I DIDN'T HE JUST THREW HIS HANDS IN MY POCKETS I BWC will prove it

[@estherrayos]

Reasonable suspicion is fake because it’s fake cops with a fake ticket they just wanted my car 🚙

[@JAZZY2REALZ]

You still have not explained what is a consent to search.

[@GustitisLaw]

Sure I did. The video explains that consent to search is when you voluntarily give-up your right to a search based on probable cause and, rather, provide the police permission to search your belongings.

[@JAZZY2REALZ]

Gustitis Law but you still have not given an explanation or an example of how you consent to a search.

[@GustitisLaw]

Ok. Cop asks you if he can search your car. You say yes. That is consent to search.

[@JAZZY2REALZ]

Gustitis Law but wonder if they don’t ask to search and seizure you in your home, but you opened the door.

[@GustitisLaw]

First, remember you are not required to open the door for the police. But even if you open the door, the rules on search and seizure still apply the way I’ve described.

[@stargazer2042]

If I want to help the cops by letting them search my car, am I taking a huge risk if someone else slim hummed it and planted something? Is there a way to let them search without letting them use the findings in court?

[@GustitisLaw]

Nope. Do not let them search. Helping the police is not in your best interests.