Incriminating evidence is found during a consent search.What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted?

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The primary factor that the court will look at in deciding whether evidence may be admitted during a consent search is whether the consent to search was voluntarily given. If the court finds that the suspect was coerced, intimidated, or deceived into giving consent, the evidence may be suppressed. It is not necessary for a consent form to be completed, witnessed, or for the suspect to observe the search when the evidence was found. The suspect's sobriety or state of mind is not a determining factor in the court's decision.

Incriminating Evidence Is Found During a Consent Search