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Using the Infotrac access system I located two articles regarding consent searches The first article discuses the acquiring of consent by police officers by means of deception The other sets guidelines for officers when attempting to obtain consent while keeping the voluntariness of the suspect in mind The first article appeared in the FBI Law Enforcement Bulletin in August of 1996 Kimberly A Crawford discusses guidelines for officers to follow when obtaining consent for warrantless searches She agrees that it is a valuable investigative tool but officers must be mindful when deciding the degree of voluntariness of the consent given When determining the voluntariness of a consent search the courts use a totality of the circumstances test This test has concluded that the following actions do not necessarily render consent involuntary 1 The failure to advise an individual of the right to refuse consent 2 The fact that the officers had their weapons drawn and had handcuffed an individual prior to asking for consent and 3 The obtaining of consent from a person under the influence of drugs Although these situations do not automatically necessitate involuntariness the courts do recognize these events when evaluating the role they play in the totality of the circumstances to determine the voluntariness of the actual consent The author as well as our class used the Supreme Court case Illinois v Rodriguez to personify this issue of consent searches The argument that the pursuant did not have the right to suppress the rights of the arrested was the central issue The case of Florida v Jimeno also arose when discussing consent An officer had overheard Jimeno discussing a drug deal and he had then pulled him over for a traffic violation After issuing the citation the officer noted that he had reason to believe that Jimenos vehicle contained drugs and asked if he
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