SC: Refusal to sign a second consent form wasn’t withdrawal of the first consent

Defendant signed a consent to search form and a search occurred. Later, the police asked him to execute it again so they could look for firearms, but he refused. They searched anyway. The first consent included the firearms, and refusal to re-sign the consent form wasn’t a withdrawal of consent. State v. Hardin, 2018 S.C. App. LEXIS 64 (Aug. 16, 2018):

Hardin’s refusal to re-sign the consent form falls short of the necessary unequivocal act or statement of withdrawal, particularly in light of Wade’s testimony that Hardin did not object to the search or otherwise attempt to withdraw his consent. See id. at 585, 575 S.E.2d at 858 (holding the defendant’s act of lowering his hands as the officer searched his groin area fell short of an unequivocal act or statement of withdrawal). Under the totality of circumstances, the evidence presented at the suppression hearing supports the circuit court’s finding that Hardin’s consent was valid and the recovered evidence admissible.

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