Almeida-Sanchez v. U.S., 413 U.S. 266 (1973)



Consent Searches and Fourth Amendment Reasonableness



Consent Searches

Question: A police officer hears a rumor that Dave is selling illegal drugs out of his house.  One day while patrolling the neighborhood, the officer sees Dave walking down the street.  The officer approaches Dave and tells him he is worried about him and asks permission to search his house.  Dave asks the officer if he has to allow him to search his house.  The officer responds by telling Dave that if he doesn’t, he will go attempt to get a search warrant.  Based on this, Dave consents to allow the police officer to search his house, and the officer finds over one hundred baggies of drugs.  Are the drugs admissible at a criminal trial?  Why or why not? Explain in detail and support your position.


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