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Consent-to-search form

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Definition Edit

Many law enforcement agencies issue consent-to-search forms to document consent when searching in the absence of a valid search warrant. A signed form, however, is rarely enough for a court to determine that consent was freely given. Under Schneckloth v. Bustamonte[1] a court will still look to the totality of the circumstances surrounding the search and issuance of such a form.

Reference Edit

  1. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (full-text).

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