W

It is said that a 'consent' is a 'waiver' of a person's rights under the Fourth and Fourteenth Amendments. The argument is that, by allowing the police to conduct a search, a person 'waives' whatever right he had to prevent the police from searching. It is argued that, under the doctrine of Johnson v. Zerbst, 304 U. S. 458, 304 U. S. 464, to establish such a 'waiver,' the State must demonstrate 'an intentional relinquishment or abandonment of a known right or privilege.'

But these standards were enunciated in Johnson in the context of the safeguards of a fair criminal trial. ...