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Reconciling Consent Searches And Fourth Amendment Jurisprudence: Incorporating Privacy Into The Test For Valid Consent Searches, David J. Housholder
Reconciling Consent Searches And Fourth Amendment Jurisprudence: Incorporating Privacy Into The Test For Valid Consent Searches, David J. Housholder
Vanderbilt Law Review
The Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Perhaps the most significant exception to the requirements of the Fourth Amendment is the consent search, which requires no warrant, exigent circumstances, probable cause, or reasonable suspicion.
Some scholars have suggested that the Supreme Court's voluntariness standard for determining consensual searches misperceives …