A Home-Owner Refuses to Give Consent for a Search

question 21

Multiple Choice

A home-owner refuses to give consent for a search. In response, the officer states that he will be back with a warrant to search within the hour, even though the officer has no probable cause to have a warrant issued. After hearing the statement, the homeowner allowed police to enter and search. The officers found evidence of crime. It is most likely that the evidence:

• A) will be judged inadmissible because the statement from the officer concerning the warrant was not true at the time the statement was made.
• B) will be judged inadmissible because the officer violated the rights of the resident just by asking permission to search.
• C) will be ruled admissible because the consent was not obtained through force or threat of force.
• D) will be ruled admissible because the officer had enough evidence establishing reasonable suspicion to obtain a warrant.

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Definitions:

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