Can you consent to a police search of your car or home under Tennessee law.The answer is yes.
Consent is a well recognized exception to the search warrant requirements of both Article I section 7 of the Tennessee Constitution and the Fourth Amendment of the United States Constitution. The key is a valid consent to search eliminates the police officer’s need to obtain a search warrant and the need for probable cause.
The question then becomes was the consent voluntary.For a consent search to be valid , the consent must be unequivocal,specific,intelligently given and uncontaminated by duress or coercion.The burden of proof is on the government to show the consent was voluntarily given.
My gentile reminder is please do not consent to a search at anytime.