Ep. #340: Can police seek consent to search without reasonable suspicion?

📌 Our inquiry then requires an analysis of whether James detained or seized Adams anew, thereby triggering the Fourth Amendment and potentially rendering any subsequent *339 consent to a search of his vehicle invalid, or if the encounter turned into a consensual one invoking no constitutional scrutiny.
- See State v. Williams, 351 S.C. 591, 599, 571 S.E.2d 703, 707-08 (Ct.App.2002).

📌 James testified the entire encounter from the initial detention to the arrest of Adams took no longer than ten minutes. Additionally, James testified he requested Adams' consent to search his vehicle within thirty seconds of receiving the return call on the vehicle registration check. This request was made before James had returned to his cruiser to fill out the necessary paperwork to issue Adams a citation. As stated above, Reese arrived on the scene at approximately the same time, and both officers testified Adams' consent to search the vehicle was given a short time later. Therefore, we find Adams' disputed consent was given within the initial parameters of the lawful detention.
- State v. Adams, 377 S.C. 334, 338–39, 659 S.E.2d 272, 275 (Ct. App. 2008)

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