Question

You and Detective Castillo want to look through the home of the chief suspect for one of your felony cases. You do not have enough evidence to obtain a warrant, however. The name of the suspect is Karina Sokolova. She is the chief suspect because a confidential informant has mentioned her in other cases (although not in this one). She has no criminal record. You decide to approach Ms. Sokolova at her last known address to see if she will consent to a search. When Ms. Sokolova answers the door, she appears nervous and a little afraid. She says that her children, who are 2 and 5 years of age, are there, and that this is not the best time to talk.

Let’s review two concepts before you make a decision about this scene.

How must consent be given in order for consent to a warrantless search or seizure to be valid?


It must be written.

It must be spoken.

It must be voluntary.

It must meet the clear and convincing standard.

Answer 1

It must be voluntary.

Police may obtain consent to a warrantless search or seizure only if the consent was given voluntarily (under the totality of the circumstances). Consent need not be written or even spoken (it can be non‑verbal), and the government must prove voluntariness (generally by a preponderance of the evidence). The “clear and convincing” standard is not required.