A. Discuss whether the encounter between Pierre and the officers was consensual. Ask students to defend their position using the caselaw definition above. When the basis for a warrantless search is consent, the consent may be withdrawn any time prior to completion of the search. Any search that is conducted after the defendant has withdrawn consent is invalid. Consent can be withdrawn verbally.
Consent can be with drawn through an act.
Florida courts have also held that a defendant's consent to search is automatically revoked when he or she flees while being questioned by police officers. A woman is stopped for a traffic violation and gives her consent for the female officer to search her car and her person. When the officer reaches into the woman's shirt pocket, the woman places her hand lightly over the officer's hand but does not tell the officer to stop. Narcotics officers ask woman walking down street if she would shake her shirt and bra to prove that she did not have narcotics on her person. When the woman complies, a tissue falls to the ground.