[1] Searches that are the product of consent are one of several recognized exceptions to the warrant requirement of the Fourth Amendment to the United States Constitution.
In the case of a pedestrian, a consensual encounter can lead to a Terry stop based on information gathered during conversation.
In Illinois v. Rodriguez (1990), the Supreme Court held that a search was valid if the police reasonably believed that the party giving consent had actual authority over the premises, but were incorrect in their belief.
However, the right to revoke consent is not recognized in two specific cases: airport passenger screening and prison visitation.
[12] Most courts have found the right to revoke consent is removed once a passenger has begun X-ray screening.
1986), the court explained that "[a] rule allowing a passenger to leave without a search after an inconclusive X-ray scan would encourage airline terrorism by providing a secure exit where detection was threatened."
Allowing consent to be withdrawn, the court reasoned, would encourage the smuggling of contraband into prisons by providing a secure escape to the smuggler.
However, in United States v. Fuentes (1997), the court found the "[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause."
Because the law focused on Fourth Amendment protections, it was able to get bipartisan agreement and was signed by the governor, a former tough-on-crime District Attorney.
[13] Fayetteville, North Carolina, (population 209,889) came under criticism after a study showed between 2009 and 2010 black motorists were three times more likely than whites to be searched after a stop.
A law was passed requiring police to get written consent before performing a search beginning March, 2012.
267,743), in response to a collection of groups led by the Southern Coalition for Social Justice, adopted a written-consent policy for all searches.
The other is the "NYPD ID" law, which requires the officer, in certain situations, to hand out business cards with their name, rank, badge number and command.