Under the Fourth Amendment to the United States Constitution, citizens are guaranteed the right to be free from unreasonable searches and seizures. Over the years since the passage of the Fourth Amendment, courts have interpreted this to mean that police are generally required to obtain a warrant that is supported by probable caused before they can search a person, car or home.
Of course, there are exceptions to this general requirement. For example, if a police officer has probable cause to arrest a defendant for the commission of an Arizona crime, the officer is allowed to perform a search incident to that arrest. Similarly, if a police officer is in hot pursuit of a defendant who is believed to have committed a serious crime, the officer may not need a warrant to enter a home or vehicle.
One of the most common exceptions to the warrant requirement is when the officer obtains consent to search from the defendant. However, in order for an officer to conduct a search based on a defendant’s consent, that consent must be valid and not coerced. A recent case discusses consent, and how courts determine if it is valid.