District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 23-526. Limitations on consent searches.

(1) Based solely on the subject's consent to that search;

(2) Not executed pursuant to a warrant; and

(3) Not conducted pursuant to an applicable exception to the warrant requirement as described in United States or District of Columbia case law, excluding the exception for consent searches.

(1) Prior to the search of a person, vehicle, home, or property:

(2) If the sworn member is unable to obtain consent from the subject, refrain from conducting the search.

(d)(1) If a defendant or juvenile respondent moves to suppress any evidence obtained in the course of the search for an offense prosecuted in the Superior Court of the District of Columbia, the court shall consider an officer's failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.

(2) There shall be a presumption that a search was nonconsensual if the evidence of consent, including the warnings required in subsection (b) of this section, is not captured on a body-worn camera or provided in writing.