The following excerpt is from Kaminsky v. Schriro, No. 18-403 (2nd Cir. 2019):
"[A] warrant is generally required for a search of a home, but the ultimate touchstone of the Fourth Amendment is reasonableness." Fernandez v. California, 571 U.S. 292, 298 (2014).
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"A warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a warrant." Id. at 306. "[T]he lawful occupant of a house or apartment should have the right to invite the police to enter the dwelling and conduct a search." Id. at 307. "It would be unreasonableindeed, absurdto require police officers to obtain a warrant when the sole owner or occupant of a house or apartment voluntarily consents to a search." Id. at 298. However, "[t]he consent must be a product of that individual's free and unconstrained choice, rather than a mere acquiescence in a show of authority." United States v. Iverson, 897 F.3d 450, 458 (2d Cir. 2018). "Determination of whether such an individual has so consented requires a fact-based inquiry that considers the totality of all the circumstances." Id.
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