Abstract
This article, the first that has been written on the psychological evaluation of a defendant's capacity to consent to a police search, reviews the forensic psychological context of the issue, legal standards, clinical assessment techniques, and all related appellate cases in which psychologists or psychiatrists have testified as expert witnesses. It concludes that psychologists have a significant role to play in assessing the “voluntariness” of a defendant's waiver of his or her constitutional right against unreasonable searches.
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