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

Fourth Amendment

2008

Boston University School of Law

United States v. Drayton

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The Good And Bad News About Consent Searches In The Supreme Court, Tracey Maclin Jan 2008

The Good And Bad News About Consent Searches In The Supreme Court, Tracey Maclin

Faculty Scholarship

This article is about the Supreme Court's consent search doctrine. Part I describes how the law of consent searches developed between the 1920s and 1973, when Schneckloth v. Bustamonte was decided, which is the Court's seminal consent search case.

Part II of the article is a discussion of Bustamonte. In particular, this part highlights the spoken and unspoken premises that influenced the result in Bustamonte and outlines Bustamonte's continuing relevance for consent search cases today.

Part III examines United States v. Drayton, a ruling authored by Justice Kennedy that explains why a cryptic passage in that ruling provides important clues …