Once consent to search has been given by a person with apparent authority, can that consent be withdrawn once the search has begun?

Once consent to search has been given by a person with apparent authority, can that consent be withdrawn once the search has begun?

• A. True
• B. False
• C. Only for specific items
• D. Only if the search is taking too long

Answer: (B)

Consent to search, once given by a person with apparent authority, can indeed be withdrawn at any time, including once the search has begun. This principle is rooted in the understanding that consent is an ongoing agreement; as long as a person can revoke their consent, law enforcement officers must cease any search activities if consent is no longer granted. This ensures the protection of individual rights under the Fourth Amendment, which guards against unreasonable searches and seizures. The ability to withdraw consent applies equally regardless of the stage of the search and does not depend on the length of time spent searching or the nature of the items being searched for. Therefore, once consent is revoked, officers must respect the individual’s right to privacy and halt their investigation immediately.

Consent to search, once given by a person with apparent authority, can indeed be withdrawn at any time, including once the search has begun. This principle is rooted in the understanding that consent is an ongoing agreement; as long as a person can revoke their consent, law enforcement officers must cease any search activities if consent is no longer granted. This ensures the protection of individual rights under the Fourth Amendment, which guards against unreasonable searches and seizures.

The ability to withdraw consent applies equally regardless of the stage of the search and does not depend on the length of time spent searching or the nature of the items being searched for. Therefore, once consent is revoked, officers must respect the individual’s right to privacy and halt their investigation immediately.