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Consent Once Removed

NCJ Number
FBI Law Enforcement Bulletin Volume: 72 Issue: 2 Dated: February 2003 Pages: 24-32
Edward M. Hendrie J.D.
John E. Ott
Date Published
February 2003
9 pages
This article discusses the use of a warrantless entry to arrest a suspect based on consent to enter given previously to an undercover officer or informant.
The need for knowledge of the law of arrest and search as being essential to understanding the doctrine of "consent once removed," which is an exception to the search warrant requirement is discussed in this article. A review of arrest law, including probable cause, addresses the constitutionality of a police officer arresting a suspect in a public place without a warrant and compares it to arresting a suspect in his home without there being an emergency or consent by the resident. Search law is reviewed with a discussion of presumption of unreasonableness included. Consent once removed is reviewed and it is noted that the person obtaining the original consent in this instance need not be an officer of the law. The case of United States versus Bramble is described in which the entry of additional agents after the original undercover agent had obtained permission to enter the home by the resident did not infringe upon the consenter's expectation of privacy. Even where there is no emergency involved, entering with consent is all that is needed. A discussion of the United States versus Jachimko is included, as an example of consent once removed, when the informant misrepresented his purposes for entering the premises. An instance of an undercover officer leaving the premises and promising to return, and that of an undercover officer leaving and not being expected to return are discussed. Scope of consent when making entry under the consent once removed doctrine is described as not authorizing officers to go beyond those areas that the suspect gave consent to the undercover officer to enter.