There Are Two Requirements for the Admissibility of Evidence Obtained

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The Answer is Proof that consent was given voluntarily: Law officers must prove that consent to enter premises or consent to search a person was given voluntarily and was not the product of duress or coercion.Whether consent is voluntary is a question of fact to be determined by the totality of the circumstances.Factors to be considered under this test are the age of the person giving consent (very young or very old); the vulnerability of that person based on mental impairment, lack of education, intoxication, or other similar causes; and the use of threats, promises, deception, or trickery to obtain consent.Courts have held that consent is not necessarily rendered involuntary under the following circumstances:
-The person is not advised of the right to refuse to give consent.This advice is not required, but some officers give it.
-Consent is given by a handcuffed person while officers had their weapons drawn.
-Consent is given while a person was under the influence of drugs.
Proof that consent was obtained from a person with "actual or apparent authority" to grant the consent: The person granting consent to search premises or a vehicle need not be the owner of the property.It is enough if the person giving consent has actual authority (authority to consent to the search is actually possessed by the consenting person) or apparent authority (authority that a reasonable person would believe the consenting person possesses).The driver of a car or a tenant in an apartment building could have actual or apparent authority to consent to a search.However, a co-tenant of an apartment may not give consent over the objection of the other co-tenant (see Georgia v.Randolph below), nor can a landlord or motel manager consent to a search of rented space.

There Are Two Requirements for the Admissibility of Evidence Obtained

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