18.3 Consent Searches
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Centreville Police Department Title: Consent Searches Directive #: 18.3 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.
Chief of Police A. Purpose To provide officers with guidance when performing consent searches.
B. Policy Officers will conduct consent searches in compliance with all legal requirements and in conformance with this directive.
C. Procedures
1. The Rule
a. For a search to be considered a lawful exception to the warrant requirement, the consent must be:
(1) made with the knowledge that he need not consent to a search;
(2) voluntary and free of duress or coercion; and
(3) clearly, explicitly and intelligently given.
b. If a consent search is challenged in court, officers must ensure that they are able to demonstrate compliance with each of these requirements.
2. The Person Must be Aware of His Rights
a. An officer must explain to the person that he has a right to refuse to consent to a search without a warrant.
b. If the person indicates that he would like to consult with an attorney or anyone else before deciding whether to consent, he must be given an opportunity to do so.
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3. Consent Must Be Voluntary
a. Consent to a search must be given freely and voluntarily.
b. Any coercion or intimidation, actual or implied, will invalidate the consent.
c. What appears to be voluntary consent by a person under arrest may be found to have been induced by the inherently coercive custodial environment.
d. A voluntary confession of guilt which precedes consent to search has been found to indicate that the consent was voluntary.
4. Consent Must Be Clear and Explicit
a. Before an officer relies upon consent to justify a search, he should be certain that a clear and explicit consent to search has in fact been given.
b. Consent to enter is not consent to search, but after a legal entry, evidence is in plain view, may be seized.
c. When practicable, an officer should obtain written consent using a ‘Authorization to Search and Seize Property’ form, that is signed and witnessed.
d. An officer who have mobile audio/video recording equipment in his vehicle should attempt to record the person’s consent when feasible.
5. Who May Give Consent
a. valid consent to a search may be given only by the person with a legal, possessory interest in the matter to be searched.
(1) A landlord cannot consent to a search of a tenant's premises, unless the tenant has abandoned the
premises or has been legally evicted
(2) A host can generally give consent to a search of premises occupied by a short-term guest, unless a
particular area has been set aside for a long-term guest's exclusive use, or if the search is of an object which is exclusively the guest's.
(3) A parent can consent to a search of premises occupied by a dependent, underage child
(4) An employee cannot consent to the search of an employer's premises, unless he has been
delegated general authority to act as the agent of the employer.
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(5) An employer may generally consent to a search of premises used by an employee in his work,
unless it is a particular area set aside for the employee's exclusive use (e.g., a desk).
(6) A person with custody of personal property belonging to another may consent to its search only if
he has been given full control over the property, or if the property has been left on his premises without his authorization.
b. If two or more persons have equal rights to the occupation of the premises, consent to search may be given by any one of them, but only for the areas of use common to all.
c. Consent by one occupant will override the refusal to grant consent given by the other.
d. A consent search of a common area will be valid against all occupants.
e. Generally, spouses, partners and joint tenants can consent to searches of shared areas.
6. Revocation of Consent
a. Valid consent to search may be presumed to continue until all areas specified in the consent have been searched.
b. Consent may be revoked at any time before the search is completed.
c. If consent is revoked prior to completion of the search, all evidence found before the revocation may be retained and used as probable cause for arrest or a warrant.
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