Ep. #321: Can you ask for consent to search from a suspect in custody?

📌 “[T]he fact of custody alone has never been enough in itself to demonstrate a coerced confession or consent to search. Similarly, the absence of proof that [Defendant] knew he could withhold his consent, though it may be a factor in the overall judgment, is not to be given controlling significance.” - U.S. v. Watson, 423 U.S. 411, 424, 96 S. Ct. 820, 46 L. Ed. 2d 598 (1976).

📌 “And just as it would be thoroughly impractical to impose on the normal consent search the detailed requirements of an effective warning so too would it be unrealistic to require police officers to always inform detainees that they are free to go before a consent to search may be deemed voluntary. The Fourth Amendment test for a valid consent to search is that the consent be voluntary, and voluntariness is a question of fact to be determined from all the circumstances.”
- Ohio v. Robinette, 519 U.S. 33, 39–40, 117 S. Ct. 417, 136 L. Ed. 2d 347, 148 A.L.R. Fed. 739 (1996).

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