Questions On Consent And Consent Essay
R. v. Chang (2003) states that “A search conducted with valid consent is lawful.” Valid consent is defined in R. v. Wills (1992), with following conditions:
1. There was a consent, either express or implied;
2. The consenting party has the authority to give the consent;
3. Consent was voluntary and not the product of police oppression, coercion or other external conduct negating freedom to choose not to consent;
4. The consenting party knew of the nature of the police conduct to which he or she was being asked to consent;
5. The consenting party knew they had the ability to refuse the search;
6. The consenting party was aware of the potential consequences of giving the consent, including a general understanding of the jeopardy resulting from the police conduct about which the consent was being sought.
This answers some questions proposed in introduction part. The consenting party, has the right to give or refuse the consent, and it must be voluntary, consequences and items asked to consent must be explained to the consenting party.
Back to the second condition, what does it mean by having the authority to give the consent? My friend’s USB key is on my computer, do I have the authority? R. v. Duarte (1987) states that “an authorized occupant of a residence may give consent to a search.” Applying this to digital devices, if my friend authorize me to use this USB key, then I have the authority to give the consent to search. However, if he just left it…