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NCJRS Abstract

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NCJ Number: 62959 Find in a Library
Title: CONSENT SEARCHES, PART 3 - AVOIDING LEGAL PROBLEMS
Author(s): D POLLARD; K BILLINGS
Corporate Author: California Council on Criminal Justice
United States of America
Project Director: J GATES
Date Published: 1976
Sponsoring Agency: AIMS
Chatsworth, CA 91311-4409
California Council on Criminal Justice
Sacramento, CA 95823
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Sale Source: AIMS
9710 DeSota Avenue
Chatsworth, CA 91311-4409
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THE PRACTICAL APPLICATION OF LEGAL DOCTRINES CONCERNING SEARCH AND SEIZURE IS DEMONSTRATED IN THE FILM PORTRAYAL OF AN ARREST FOR ARMED ROBBERY INVOLVING A TYPICAL CONSENT SEARCH INCIDENT.
Abstract: TO PROPERLY INFORM POLICE OFFICERS AND LEGAL PERSONNEL OF THE EFFECT OF THE FOURTH AMENDMENT RESTRICTIONS ON POLICE SEARCHES, THE FILM DRAMATIZES CONSENT SEARCHES AND SUBSEQUENT POLICE DISCUSSIONS WITH PROSECUTORS. A CONSENT WILL BE DEEMED INVALID BY THE COURTS IF IT IS THE RESULT OF DURESS OR COERCION, EXPRESSED OR IMPLIED. THE MOST OBVIOUS SOURCE FOR A DEFENSE CLAIM OF COERCION IS EVIDENCE OF THE DISPLAY OF WEAPONS BY THE OFFICERS. THE USE OF WEAPONS MAY BE AN INDISPENSIBLE TACTIC TO THE ARREST OF A FELONY SUSPECT. HOWEVER, THE LAW ENFORCEMENT OFFICERS CAN CREATE AN ATMOSPHERE IN WHICH THE PARTY WHO MAY CONSENT TO A SEARCH IS NOT INTIMIDATED AND NOT COERCED. THUS, IF THE POLICE WHO ARE PERMITTED INTO AN APARTMENT AFTER PROPERLY IDENTIFYING THEMSELVES, HOLSTER THEIR WEAPONS AFTER HANDCUFFING THE SUSPECT, THE CONSENT OF THE SUSPECT TO A SEARCH OF THE PREMISES COULD BE VALID. NEVERTHELESS, COURTS SCRUTINIZE THE TOTALITY OF THE CIRCUMSTANCES OF THE ARREST AND THE SEARCH. SUCH FACTORS AS THE SUSPECT'S CALM, RELAXED MANNER, AND THE SERIOUSNESS OF THE CRIME BEING INVESTIGATED WOULD JUSTIFY THE ADMISSION OF A REVOLVER FOUND IN THE SUSPECT'S KITCHEN. HOWEVER, THE EVIDENCE MIGHT BE EXCLUDED IF THE SUSPECT'S DURESS WAS IMPLIED FROM HIS NOT CONSENTING TO THE SEARCH UNTIL AFTER HIS BEING HANDCUFFED AND ARRESTED. THE CONDUCT AND STATEMENTS OF A SUSPECT, SUCH AS PROVIDING KEYS TO OPEN LOCKED DESKS, WOULD INDICATE THE REQUISITE DEGREE OF CONSENT. IF A SUSPECT DOES NOT STATE KNOWLEDGE OF THE RIGHT TO REFUSE THE WARRANTLESS SEARCH, THEN THE OFFICER SHOULD SO INFORM THE PERSON. (TWK)
Index Term(s): Audiovisual aids; Consent search; Exclusionary rule; Search and seizure laws; Search warrants; Warrantless search
Note: *This document is currently unavailable from NCJRS. 25-30 MINUTES, 16MM COLOR, 1976
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62959

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