A consensual search is lawful only if:

Question

Quizplus · Accepted Answer

A consensual search is one in which the defendant gives free and voluntary permission for the search to take place. As long as the permission was freely given and voluntarily offered, the search is considered lawful, regardless of whether or not the defendant was informed of their Miranda rights or their right to refuse permission. However, if the search is based solely on probable cause and not given freely, then it would not be considered a consensual search. A consensual search is one in which the individual gives permission for the search to occur. This permission must be given freely and voluntarily, without coercion or intimidation. The other choices (A, C, D) refer to other legal requirements (Miranda rights, right to refuse, probable cause) but are not directly related to the lawfulness of a consensual search.

A Consensual Search Is Lawful Only If