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What is Consent to Search in Criminal Law?

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What is Consent to Search in Criminal Law?


#Consent #Search #Criminal #Law

This video begins a new series on consent to search in criminal cases and how the police use a person’s consent to avoid the 4th Amendment probable cause requirement. Visit for more information about Fourth Amendment consent searches and criminal attorneys in Bryan-College Station, TX.

This video defines consent to search and explains several limitations on consent including voluntariness, scope, and withdrawal of consent to search.

Other Videos in this Series:
1. Actual Authority vs Apparent Authority to Consent to Police Searches (

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About This Video:
In this video, attorney Stephen Gustitis explains what consent to search is and how suspects unknowingly waive their 4th Amendment right to a search based upon probable cause. The video also considers some limitations on consent searches. For example, consent must be voluntarily given, police cannot exceed the scope of a person’s consent, and consent to search can be withdrawn at any time. The video begins our new series on consent searches in criminal cases. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including 4th Amendment consent searches in criminal investigations. #consentsearchs #gustitislaw #4thamendment
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27 thoughts on “What is Consent to Search in Criminal Law?”

  1. valuable content. Thank you Mr. Gustitis this is so important and the public at large doesn't understand our rights!

  2. Reasonable suspicion is fake because it’s fake cops with a fake ticket they just wanted my car 🚙

  3. If my uncle pleaded guilty I'm having a pistol can my family appeal for a lesser and that's your sentence 10 years I told my family not to appeal it they could cause him to have more time if they appeal it or should they

  4. I have a 5 year vpo on my ex boyfriend that has my children he has tried everything on me I now caught a aggravating trafficking case changed public defender's on this case he offered me 7 years of probation in 6 months of county but he also stated I could take it to bench trail in the offer was 8 years of probation in 6 months of county time to now he stating that his threatening me with life I'm afaid I don't sign for nothing cause the whole case is dead

  5. @2:35 is very important & makes sense- it’s basic cops n robbers!.. They can’t force u to be searched, but they also don’t have to give u a lesson about ur rights if u don’t know them!

  6. What if the cop never asked you for your consent and placed you under arrest put you in the vehicle, then searched your car found a bag under the seat for a suspended license but the law was extended until the end of the year due to covid?

  7. my son is being frammed on facebook by an undercover police officer. my son agrees to receive $100 from a girl who needed to be picked up and dropped off. My son who is imature not using his brain attempts to receive the $100. now my son is being charged for trafficking. never been in jail, have no record for trafficing and now facing 3 years which now moved to 5 years due to laws changed during the years. what ca i do????????

  8. I told The officer no to search my vehicle and he bullied me to the point I was crying and told him just search the damn car then if your gonna be like that and say I'm doing these crazy things like I'm carry bombs just crazy takes my knife to car k9 hits lies because nothing was in the car hand searches the car for 20 minutes or so felt like forever he was disappointed there was nothing ….but and of course at the very end when nothing is found after the search this officer ruined me searched me one last time a found evidence…. he knows my girlfriend from a case where she ran with money he cave her for control buy but she took off on him and my girlfriends ex.. and he was glad to tell me he put him in prison asked me to work as an informant. Turned off bodycam and asked again I said I don't have any information..(I don't know what to do about this am I completely screwed or is there hope..I'm hopeless at this point checking my mailbox for court papers I have no idea what is going to happen to me..

  9. If a federal agent threatened arrest if someone if they refused to consent to a search, what legal protection does one have? What if the same agent threatened to detain said person, get a warrant if they called a lawyer??

  10. If I want to help the cops by letting them search my car, am I taking a huge risk if someone else slim hummed it and planted something? Is there a way to let them search without letting them use the findings in court?

  11. When cops start searching they don't stop. They will bully you or beat you up. They will not listen to you.

  12. Is silence considered consent? If the police ask to search your bag and you remain silent, if they search your bag is that a violation of the 4th Amendment? Also, when has a " search " officially occurred? If a police officer asks to search my bad and I say no but the officer attempts to look into my bag without ever touching the bag, is that a search?

  13. Do all persons who have apparent authority to consent automatically have the authority to withdraw such consent?

  14. I got in a car accident and they found drugs what will possibly happen, I never gave consent to search me on my car the hospital found the drugs

  15. If you are on probation can the police just go ahead and search without your consent ? # gustitislaw

  16. Can a police officer ask my apartment manager if i live in the apartment complex or does he need a warrant for that kind of information

  17. Thank your for good sharing on the limits of police n our rights.Wow! Professional entrance. Honoured to be your 5th like n 110th subscriber.

  18. Great video as always. Quick question. Let’s say I’m a passenger in a friends car and I have a briefcase with me. The police initiate a traffic stop. The driver consents to a search. I do not consent to a search of my person or my briefcase. Are they allowed to search anyway since the driver consented to a search of his vehicle? Thanks Mr. Gustitis.

  19. you might remember me from the last video….. I've procured representation. it's a constitutional legal matter. we are going after unconstitutional p.d. policies. clearly it's going to take a couple years.

    this vid is very pertinent to my case. everyone needs to be aware of illegal searches and how officers will bully or lie to you to gain entry. everyone watching needs to read the very plain language of the 4th admendment.

    Great video!!! i look forward to more amendment videos

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