In order for a consent search to be considered voluntary, the police officer must prove that he or she advised the individual of his or her right to refuse consent.

Question

Quizplus · Accepted Answer

A consent search is considered voluntary if the individual freely and voluntarily agrees to the search, without coercion or duress, and not necessarily because they were advised of their right to refuse consent. The key factor is voluntariness, not whether they were informed of their right to refuse.

In Order for a Consent Search to Be Considered Voluntary