319 But consent will not be regarded as voluntary when the officer asserts his official status and claim of right and the occupant yields because of these factors. Actual knowledge of the right to refuse consent is not essential for a search to be found voluntary, and police therefore are not required to inform a person of his rights, as through a Fourth Amendment version of Miranda warnings. 318 Reviewing courts must determine on the basis of the totality of the circumstances whether consent has been freely given or has been coerced. 316 The Court, however, has insisted that the burden is on the prosecution to prove the voluntariness of the consent 317 and awareness of the right of choice. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Ĭonsent Searches.-Fourth Amendment rights, like other constitutional rights, may be waived, and one may consent to a search of his person or premises by officers who have not complied with the Amendment.
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