Whether a court should consider a defendant's subjective intent when assessing consent to a warrantless search under the totality of the circumstances test

QUESTION PRESENTED FOR REVIEW When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to consent to the search, how much significance and weight are courts to give to his subjective belief or intent in their assessment of the totality of the circumstances—which under Schneckloth v. Bustamonte, 412 U.S. 218 (1978), includes “the characteristics of the accused”—when his subjective belief or intent is consistent with and not contradicted by the objective indications around it? i LIST OF PROCEEDINGS Supreme Court of Pennsylvania No. 131 MAL 2024 Commonwealth v. Jefferson Judgment entered July 9, 2024 Superior Court of Pennsylvania No. 365 MDA 2023 Commonwealth v. Jefferson Judgment entered February 6, 2024 Application for reargument dismissed March 6, 2024 Court of Common Pleas of the 39 Judicial District of Pennsylvania, Franklin County Branch No. CP-28-CR-935-2021 Commonwealth v. Jefferson Judgment entered February 20, 2023 ii