8 Factors To Determine If Consent To a Police Search is Valid
What a person is being detained or in police custody and the authorities obtain consent to search the following 8 factors will be considered by a judge when determining if the consent was voluntary.
1. The defendant’s youth.
2. The defendant’s education.
3.The defendant’s intelligence.
4. The constitutional advice that was given the defendant by officers.
5. The duration of the detention.
6. The repetitive nature of the questioning.
7. The use of physical punishment.
8.The defendant’s inability to understand the English language.
If the police have obtained evidence in a criminal case by search granted by consent you need to consult with an experience Texas criminal attorney. The fact that consent was given does not mean the search was lawful. An experienced Texas criminal attorney may be able to develop facts which could cause the consent to search to be ruled invalid by a judge.