The Importance Of Consent To Search

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A search warrant is not required if a person gives consent to search. Your Fourth Amendment right would be waived if you give consent to search. The person would have the right to revoke their consent at any point during the search. If a person is being searched, he or she would be the only one to give consent to search them. A party other than the defendant can give consent. A third party who has common authority over an area can consent to a search. Your parent, employer, spouses, school officials etc. can provide consent. "The question is whether the person providing consent has common authority whether actual or apparent, over the searched premises or effects such person is capable of providing valid consent"( Ferdico, Fraella, Totten
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