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Criminology Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Western Michigan University

Politics and Social Change

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Full-Text Articles in Criminology

The Consent Search Warning Argument: Procedural Justice And What A Warning Might Do For Police Legitimacy, Alec Kraus Mar 2016

The Consent Search Warning Argument: Procedural Justice And What A Warning Might Do For Police Legitimacy, Alec Kraus

Honors Theses

In 1966, the Supreme Court delivered the landmark Miranda v. Arizona decision that created the Miranda warning, which reminds citizens of their rights to remain silent and have an attorney present during custodial interrogations. However, through Schneckloth v. Bustamonte in 1973, the Court decided not to create a mandatory warning that reminds citizens of their right to refuse a consent search. Through these cases and the others discussed, the Court has often argued over whether or not these types of warnings impair police work, whether the contexts surrounding these instances amount to coercion, and whether or not a warning is …