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Consent Searches

"We would like your consent to search your house.  If you don't provide us this consent, we will be forced to evacuate the neighborhood and have the fire department respond with lights and siren."

The consent search is a police technique that has been around for a long time.  Over the past few years the use of these searches has become wide spread.  Consent searches are most commonly used in drug investigations where law enforcement does not have sufficient information for a search warrant.  The current terminology for this type of investigation is known as "Knock and Talk."  More and more state Supreme Courts are becoming concerned with the tactics used to gain consent to enter and search a private dwelling.

FCA can examine the reports and statements concerning "knock and talk" searches to assist in the determination as to whether the consent was actually given without threat or duress.  An examination of police policy and procedures relating these investigations can assist in your case preparation.

Testimony regarding consent to search issues should involve not only the examination results but background information on the basics and premises of consent searches, what law enforcement officers are taught and how the particular incident deviates from normal practice.