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The Consent Search Warning Argument: Procedural Justice And What A Warning Might Do For Police Legitimacy, Alec Kraus
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 …
The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout
The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout
Faculty Working Papers
In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …