What is Consent to Search in Criminal Law?

This video defines consent to search and explains several limitations on consent including voluntariness, scope, and withdrawal of consent to search.

Other Videos in this Series:

***My Video Production Gear***

Stephen Gustitis on Social Media:

Other Relevant Links:

Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

About This Video:
In this video, attorney Stephen Gustitis explains what consent to search is and how suspects unknowingly waive their 4th Amendment right to a search based upon probable cause. The video also considers some limitations on consent searches. For example, consent must be voluntarily given, police cannot exceed the scope of a person's consent, and consent to search can be withdrawn at any time. The video begins our new series on consent searches in criminal cases. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including 4th Amendment consent searches in criminal investigations. #consentsearchs #gustitislaw #4thamendment

[dianadav]

valuable content. Thank you Mr. Gustitis this is so important and the public at large doesn't understand our rights!

[lushswiat-powell]

you might remember me from the last I've procured representation. it's a constitutional legal matter. we are going after unconstitutional p.d. policies. clearly it's going to take a couple years.

this vid is very pertinent to my case. everyone needs to be aware of illegal searches and how officers will bully or lie to you to gain entry. everyone watching needs to read the very plain language of the 4th admendment.

Great video!!! i look forward to more amendment videos

[ctrguy]

@2:35 is very important & makes sense- it’s basic cops n robbers!.. They can’t force u to be searched, but they also don’t have to give u a lesson about ur rights if u don’t know them!

[jc]

Thank your for good sharing on the limits of police n our rights.Wow! Professional entrance. Honoured to be your 5th like n 110th subscriber.

[dezz]

What about search warrants? Must u consent to those and can they go beyond the search warrant?

[keithcook]

Great video as always. Quick question. Let’s say I’m a passenger in a friends car and I have a briefcase with me. The police initiate a traffic stop. The driver consents to a search. I do not consent to a search of my person or my briefcase. Are they allowed to search anyway since the driver consented to a search of his vehicle? Thanks Mr. Gustitis.

[deesolomon]

Can a police officer ask my apartment manager if i live in the apartment complex or does he need a warrant for that kind of information

[this-american-mutt]

If I was pulled over for speeding, and they found I didn't have a license, would that give them probable cause to search my vehicle? Further more, before getting a search warrant, can they tell my passenger to exit the vehicle and leave her personal property?

[I_AM_ERROR_]

Is silence considered consent? If the police ask to search your bag and you remain silent, if they search your bag is that a violation of the 4th Amendment? Also, when has a " search " officially occurred? If a police officer asks to search my bad and I say no but the officer attempts to look into my bag without ever touching the bag, is that a search?

[daniellenicoleperrigo]

If you are on probation can the police just go ahead and search without your consent ? # gustitislaw

[paringcherelle]

Sir give example of consented search, please

[St.Maurice]

If a federal agent threatened arrest if someone if they refused to consent to a search, what legal protection does one have? What if the same agent threatened to detain said person, get a warrant if they called a lawyer??

[robertbaker]

What if the cop never asked you for your consent and placed you under arrest put you in the vehicle, then searched your car found a bag under the seat for a suspended license but the law was extended until the end of the year due to covid?

[MarkWilliams-ufiw]

If my uncle pleaded guilty I'm having a pistol can my family appeal for a lesser and that's your sentence 10 years I told my family not to appeal it they could cause him to have more time if they appeal it or should they

[eviessacorda]

Do all persons who have apparent authority to consent automatically have the authority to withdraw such consent?

[ben]

I was told they are required to tell you you have the right to say no to the search

[this-american-mutt]

Thank you for caring for our rights. If you don’t know your rights then you don’t have any. When one thing is unconstitutional it's all unconstitutional. Dismiss. Get out. Thank you

[ronostermiller]

Who determines the validity of probable cause?

[cuttboi]

If I signed consent to search. Can I stil win my case if they coerced me?

[andreyahoney]

I got in a car accident and they found drugs what will possibly happen, I never gave consent to search me on my car the hospital found the drugs