Question

A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search

Answer 1

No

Step-by-step explanation:

consent must be unequivocal and specific

Answer 2

No. Although this actions may be interpreted as “probably cause” or give the officer “reasonable suspicion”, consent can only be given if the person is aware of what’s happening to them. If he didn’t tell the officer specifically that he is okay with a search, he did not give his consent.