Does a Consent to Search Invoke Miranda Protections ?
In People v. James (1977) 19 Cal. 3d 99, 114-115 137 Cal. Rptr. 447, 561 P.2d 1135, the court found that Miranda had no application to a situation where an officer attempts to obtain consent to search, and that no Miranda warnings are required before a request to consent to a search is made regardless of whether or not the suspect is in custody.
The court noted that consent is neither testimonial nor communicative, and that a request to search is designed to elicit physical and not testimonial evidence. (Id. at pp. 114-115.)
In United States v. Lemon, supra, 550 F.2d at page 472, the court similarly found that a consent to search is not an incriminating statement that invokes the protections of Miranda and its progeny.