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Street Cop Podcast

Minimum Age to Ask Consent to Search

Street Cop Podcast

Street Cop Training

Education

4.9933 Ratings

🗓️ 18 January 2022

⏱️ 5 minutes

🧾️ Download transcript

Summary

In this rerun episode, Dennis discusses the minimum age to ask consent to search in a motor vehicle stop. Recorded on 03/25/2017. If you like what you are hearing and want to stay in the loop with the latest in Street Cop Training, please follow our Facebook Page: https://www.facebook.com/StreetCopTraining

Transcript

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0:00.0

One, one, I can't play.

0:02.0

I don't get a way.

0:03.0

Uh-huh.

0:05.0

You trying to be a hot-up.

0:07.0

You trying to be a street cop?

0:10.0

Getting here on a Saturday for you guys and going to give you a little piece of advice.

0:15.0

People post questions and I thought it was going to just jump on and give you guys an answer on that.

0:19.0

And the question was, what age does somebody have to be to give consent to search of a motor vehicle or

0:25.0

backpack or anything of that sort?

0:26.9

And the answer is there actually is no age.

0:30.0

The court requires that person to be knowing, intelligent,

0:34.1

and, off the top, I just had it my head,

0:37.4

and I just screwed it up.

0:38.4

Knowingly, intelligently and voluntary.

0:40.6

Okay, voluntary.

0:41.4

So those are the three for the requirements to getting a legal consent to search.

0:48.0

So let's test this a little bit and try to make sense of it.

0:51.0

You pull over a car that's a 17 year old driving.

0:53.7

Let's see you build RAS, you know, obviously you have the odor of marijuana. You can search a car, but again, like I've always said in the past,

0:58.6

and I haven't said this in a while, but you have the odor of marijuana still request consent to search.

1:04.0

You want to know more about that, I can explain.

1:06.0

But the bottom line is, is because of the scope of search with the odor of marijuana,

...

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