Does the argument that no reasonable person would consent to a search of luggage that he or she knows contains drugs?

MultiRegion, United States of America

The following excerpt is from U.S. v. Thomas, 5 F.3d 543 (9th Cir. 1993):

We do reject, however, [the] argument that ... no reasonable person would freely consent to a search of luggage that he or she knows contains drugs. This argument cannot prevail because the "reasonable person" test presupposes an innocent person.

Florida v. Bostick, 111 S.Ct. 2382, 2388 (1991).

II. Statements Made After Arrest

Other Questions


What is the test for a jury to find that a reasonable person would have known that a man would be assaulted if he was walking with a member of another race? (MultiRegion, United States of America)
What is the test for a search that would have been lawful even if the search was conducted without the consent of federal agents? (MultiRegion, United States of America)
Does a search warrant containing an inaccurate description of an apartment containing an incorrect description valid because the officers who executed the warrant personally knew the address? (MultiRegion, United States of America)
Can a policeman without consent or a warrant enter into a house and arrest a person there solely on the basis that he reasonably believes the person has committed a crime? (Canada (Federal), Canada)
Is it reasonable for a police officer to enter a person's home without the consent of the owner's consent? (Canada (Federal), Canada)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
If an individual unequivocally, freely and intelligently gives consent to a search of his person, is that consent a violation of his constitutional right? (MultiRegion, United States of America)
When a consent to search has been given by a person in custody, is that consent valid? (MultiRegion, United States of America)
What is the test for obtaining consent to search a person in a search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.