Legal Definitions - consensual search

A consensual search is a type of search conducted by law enforcement officers with the voluntary consent of the person being searched. This means that the person being searched has given permission for the search to take place, without any coercion or duress.

For example, if a police officer asks to search a person's car and the person agrees, this would be considered a consensual search. However, if the officer threatens to arrest the person if they do not consent to the search, this would not be considered a consensual search.

Consensual searches are legal and do not require a warrant or probable cause. However, the government must prove that the consent was given freely and voluntarily.

Other types of searches include:

• Protective search: A search of a detained suspect and the area within the suspect's immediate control, conducted to protect the arresting officer's safety and often to preserve evidence.
• Warranted search: A search conducted under authority of a search warrant.
• Warrantless search: A search conducted without obtaining a proper warrant, permissible under exigent circumstances or when conducted incident to an arrest.