Which of the following is NOT one of the steps to determine if a consensual search is lawful?

Consent is a crucial concept in the context of searches conducted by law enforcement. For a consensual search to be deemed lawful, several important factors must be considered.

One of the key steps is that consent must be voluntary and informed. This means that the individual giving consent should understand what they are consenting to and should not be coerced or under any pressure to agree. Additionally, the person giving consent must have the authority to do so—essentially, they must have the legal right to permit the search of the property in question. Furthermore, individuals must be made aware that they have the right to refuse consent. This ensures that their decision to consent is made freely, without an assumption that they have no choice.

The concept that "the giver of consent must be a police officer" does not align with the fundamental principles of consensual searches. In fact, it is the individual whose property is being searched that must provide consent, not the police officer. The role of the police officer is to seek consent, not to be the giver. Therefore, stating that the receiver of consent must be a police officer is not accurate and is not among the legitimate steps to determine if a consensual search is lawful.