Elelake James Jefferson, Jr. v. Pennsylvania
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to consent to the search, how much significance and weight are courts to give to his subjective belief or intent in their assessment of the totality of the circumstances —which under Schneckloth v. Bustamonte, 412 U.S. 218 (1973), includes "the characteristics of the accused" —when his subjective belief or intent is consistent with and not contradicted by the objective indications around it?
Whether a court should consider a defendant's subjective intent when assessing consent to a warrantless search under the totality of the circumstances test