Does a warrantless search violate the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from United States v. Von Simmonds, No. 15-577 (2nd Cir. 2016):
A warrantless search does not violate the Fourth Amendment if "the authorities have obtained the voluntary consent of a person authorized to grant such consent." United States v.
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Elliott, 50 F.3d 180, 185 (2d Cir. 1995). However, where consent is "granted only in submission to a claim of lawful authority," the consent is not considered voluntary. United States v. Isiofia, 370 F.3d 226, 233 n.2 (2d Cir. 2004) (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 233 (1973)).
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