Is a search warrant required for a search to which there was consent?
MultiRegion, United States of America
The following excerpt is from U.S. v. Allen, 911 F.2d 739 (9th Cir. 1991):
However, a search warrant is not required for a search to which there was consent. Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 2043-44 (1973). In order for consent to excuse the need for a warrant, the consent must be voluntary. Id. at 222, 93 S.Ct. at 2045. Whether the consent was voluntary is a question of fact to be determined from the totality of all the circumstances. Id. at 227, 93 S.Ct. at 2047-48.
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