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

The following excerpt is from United States v. Callahan, 439 F.2d 852 (2nd Cir. 1971):

If an individual unequivocally, freely and intelligently gives his consent to a search of his person, there is no violation of his constitutional rights (United States v. Smith, 308 F.2d 657 (2d Cir. 1962), cert. denied, 372 U.S. 906, 83 S.Ct. 717, 9 L.Ed.2d 716 (1963)), and whether or not such consent has been given is primarily a question of fact, better left to the trial judge, who must pass upon the credibility of the witnesses. United States v. Cachoian, 364 F.2d 291 (2d Cir. 1966), cert. denied, 385 U.S. 1029, 87 S.Ct. 757, 17 L.Ed.2d 676 (1967); United States v. Thompson, 356 F.2d 216 (2d Cir. 1965), cert. denied, 384 U.S. 964, 86 S.Ct. 1591, 16 L.Ed.2d 675 (1966).

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