Note, as this was being written, our research started taking on a life of its own. For easier reading, we will be breaking up Consensual Searches into two parts. Welcome to Part I of Consensual Searches in Bucks County and Pennsylvania.
If consent is provided by a person to search property (i.e. a home or vehicle), it is allowed without a warrant. Meaning, the U.S. and Pennsylvania Constitutions allow for a warrantless search of property if consent is given. The person providing the consent must have authority to grant the search. The consent must be informed and voluntary.
Informed consent means a person is providing the police with permission to search and anything found can be used in a criminal prosecution.
Voluntary means that the consent was not provided under duress, intimidation, etc. The voluntariness of the consent should be explored by looking at the encounter with law enforcement. The inquiry into voluntariness is objective and uses a reasonable person standard. The criteria includes whether the person providing consent was in custody, whether the person helped with the search, whether the person was advised of their rights, the person's intelligence (i.e. did they go to college?), and the person's prior cooperation. Other issues/factors include the number of interrogations, the period of time the person was held in custody, implied or express threats made by police, and whether the police had probable cause to arrest or search the individual. If you faced questionable circumstances in your Bucks County arrest, you should consult with any number of Bucks County criminal defense lawyers to find out what their view of the search is.
Although helpful for law enforcement to prove consent, a signed, written consent form is not a requirement.
Of course, a person can refuse consent and that refusal cannot be used against them. Meaning, the refusal is inadmissible. The person also has a right to limit the search.