Expert: Robin Sexton - 7/26/2009

Question
First, thanks for taking my question. I was wondering if the consent to search is time-sensitive and, if so, to what extent. For example, let's say an individual consents to having their home searched and officers do so. But after completing that initial search, officers return to the home half an hour later to search again (perhaps they suspect they've missed something!). Would the consent given earlier still allow the search or would officers have to ask a second time for consent to search the home? I look forward to your answer!

Answer
Darren,

Yes searches are time sensitive.  Once the officer leave the search is terminated and either fresh consent or a new warrant is required. many times officers search a location under a warrant and then return days or even weeks latter for additional items.  Each time a new warrant is required. Also regarding consent searches, the consent can be withdrawn at anytime.  If it is the search stops unless there is exception or a warrant obtained to continue.

Hope that answers your question


robin