police conficate car to search for contraband

Even if a suspect’s consent is valid, the scope of this consent can be limited by either: (i) the police officer’s language used when requesting consent or (ii) the language of the consent itself. In cases of consent (or alleged consent), the scope of the search can also be an issue. For example, if the police obtain consent after initiating a search or detaining a suspect illegally, then the suspect’s consent is considered void based on the doctrine of “fruit of the poisonous tree.” Whether the suspect knew there was evidence that the police would likely obtain during a searchĪdditionally, under New Jersey law, there are certain circumstances in which consent is considered to be invalid even if given voluntarily.Whether the police had threatened to seek or obtain a search warrant.Whether the suspect had refused consent previously.Whether the suspect was handcuffed when he or she gave consent.Whether the suspect was already in custody at the time he or she allegedly gave consent.When there is a question as to whether a suspect’s consent is voluntary, the Supreme Court requires consideration of factors including: Supreme Court has held that in order for consent to be truly voluntary, it must be given without coercion and with knowledge of the right to refuse. At the federal level, for example, the U.S. Even if you are unaware of your right to refuse consent (or if you feel pressured to give your consent), once you give your consent, the police can lawfully search your person, home or place of business.īut there are some exceptions. While you are never required to agree to a search, many New Jersey residents are not aware of this fact-and the police are not required to tell you. If you consent to a search, then the police can search without a warrant. So, when isn’t a warrant required for the police to conduct a search? Here are five exceptions to the Fourth Amendment’s warrant requirement: 1. 5 Exceptions to the Warrant Requirement for Police Searches in New Jersey However, there are several exceptions to the warrant requirement, and if the police perform a valid search without a warrant, prosecutors can use any evidence seized during the search to prove a defendant’s guilt in court. Under the Fourth Amendment, the police must obtain a warrant to conduct a search in many cases. Constitution protects citizens against unreasonable searches and seizures.

Police conficate car to search for contraband