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Simple English definitions for legal terms
consensual search
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A quick definition of consensual search:
Consensual search is when a police officer asks someone if they can search them or their property, and the person agrees. The police officer must show that the person agreed freely and was not forced to give consent. This type of search is different from a search with a warrant or a search incident to arrest. It is important to know that people have the right to say no to a consensual search.A more thorough explanation:
A consensual search is a type of search conducted by law enforcement officers with the voluntary consent of the person being searched. This means that the person being searched has given permission for the search to take place, without any coercion or duress.
For example, if a police officer asks to search a person's car and the person agrees, this would be considered a consensual search. However, if the officer threatens to arrest the person if they do not consent to the search, this would not be considered a consensual search.
Consensual searches are legal and do not require a warrant or probable cause. However, the government must prove that the consent was given freely and voluntarily.
Other types of searches include:
- Protective search: A search of a detained suspect and the area within the suspect's immediate control, conducted to protect the arresting officer's safety and often to preserve evidence.
- Warranted search: A search conducted under authority of a search warrant.
- Warrantless search: A search conducted without obtaining a proper warrant, permissible under exigent circumstances or when conducted incident to an arrest.