According to the Supreme Judicial Court,
A search conducted with the consent of its subject is free of the strictures of the Fourth Amendment and art. 14. [of the Massachusetts Declaration of Rights].
Commonwealth v. Blais, 428 Mass. 294, 298 (1998).
Thus, police can search a person or his property without a warrant and without probable cause, if the search is freely and voluntarily consented to.
The SJC has emphasized that “consent” must be
unfettered by coercion, express or implied, and also something more than mere acquiescence to a claim of lawful authority.
Commonwealth v. Burgess, 434 Mass. 307, 310 (2001).
Additionally, consent must be free and voluntary. To determine whether consent was freely and voluntarily given, courts will consider such factors as the age, intelligence, and education level of the suspect. Moreover, all other pertinent conditions that were present when consent was given will be assessed.
Prosecutors have the burden of proving—by preponderance of the evidence—that police received valid consent prior to conducting a search.
Lastly, the scope of the search is limited by the suspect’s consent.
It is a settled principle that the proper scope of a consensual search is no greater than the consent given.
Commonwealth v. Brown, 32 Mass.App.Ct. 649, 652 (1992).