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Does Miranda apply to consent searches?
Season 1 · Episode 11

Does Miranda apply to consent searches?

The Search & Seizure Show · Anthony Bandiero

January 20, 20221m 25s

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Show Notes

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How're you doin? Law enforcement officers? It's Anthony Bandiero, here with Blue to Gold law enforcement training. And today we're going to ask whether or not you can obtain consent to search from somebody who has invoked their right to silence on the Miranda?

And the answer is yes, you can. And the reason is because Miranda protects testimony, right? It doesn't protect citizens or a suspect from using physical evidence against them. So the point here is that Miranda does not protect the act of giving consent to search because that consent the search has to do with physical evidence and not testimony. So very simple question, even a simpler answer. I hope this helps. Now, just also realize that if somebody has invoked the right to silence, and then you ask for consent to search, that doesn't give you a right that's not going to open the door for other questioning, right? That doesn't mean that if they gave you consent to search that they have now overturn their previous invocation. Other rules apply to that, and I will also cover those videos, but I hope this helps. If you have any questions for me email me at info at Blue to gold calm. Also, if you're interested in a search and seizures father guide, you can purchase it on Amazon or my website bluetogold.com

Until next time, be safe.

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