Question.5812 - In Florida v. Bostick, 501 U.S. 429, 438 (1991), the defendant contended “that no reasonable person would freely consent to a search of luggage that he or she knows contains drugs.” Should there be a presumption of involuntariness when incriminating evidence is readily found pursuant to the “consent” of a person who denies guilt?
Answer Below:
I believe that presumption of consent to be legit or forceful is more circumstantial per the situation. In this case, the Officer approached the defen...
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