3025. Affirmative Defense Consent to Search

3025. Affirmative Defense--Consent to Search Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that the search was reasonable and that a search warrant was not required because [name of plaintiff/third person] consented to the search. To succeed, [name of defendant] must prove both of the following: 1. That [[name of plaintiff]/[name of third person], who controlled or reasonably appeared to have control of the area,] knowingly and voluntarily consented to the search; and That the search was reasonable under all of the circumstances. 2. [[Name of third person]'s consent is insufficient if [name of plaintiff] was physically present and expressly refused to consent to the search.] In deciding whether the search was reasonable, you should consider, among other factors, the following: (a) The extent of the particular intrusion; (b) The place in which the search was conducted; [and] (c) (d) The manner in which the search was conducted; [and] [insert other applicable factor(s)]. ________________________________________________________________________________ New September 2003; Revised April 2009; Renumbered from CACI No. 3005 December 2012