Home -> Law Blog Directory -> Criminal Law Blogs -> Palm Beach Criminal Defense Blog

Criminal Law

: Palm Beach Criminal Defense Blog

When is Consent to a Police Search Invalid?

By Ron Chapman

          In many cases in which the police want to search someone's car or home, they try to obtain the owner's verbal or written consent so that they do not have to get a search warrant from a judge or otherwise be concerned about the lawfulness of conducting a search.  But if the lawfulness of a particular search does become an issue later on when the case goes to court, the prosecutor may have to prove that the person's consent was given freely and voluntarily.  She may also have to prove that even if consent was originally given freely and voluntarily, it was not later withdrawn by the accused individual's words or actions or by the words or actions of the police.  If the prosecutor cannot prove those things, then the judge hearing the case may rule that some or all of the incriminating evidence that the police acquired is inadmissible at trial...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on February 06, 2009 (boomark / email).