In New Jersey, a request for consent to perform a search is a commonly used tactic by police, especially in drug/controlled dangerous substance and firearms cases. Receiving consent may permit law enforcement to search your personal property, car, even your home without a warrant. Per the 4th Amendment of the US Constitution and Article I, Paragraph 7 of the New Jersey Constitution, a warrant or probable cause is necessary for law enforcement to be able to execute a search. Consent searches are a way for law enforcement to get around the warrant requirement, but are problematic in several respects.
Who is the appropriate party to grant consent to search the property? What is the scope of the consent? Can the police pressure someone into consenting? What is the potential to have any evidence obtained by the police, i.e. weapons, drugs, tossed out of court or suppressed if the consent given to search was not valid?
The Fourth Amendment requires that consent for a search must be voluntarily given and not the result of duress or coercion. The New Jersey Supreme Court in State v King listed multiple factors in gauging whether the consent was voluntary such as: