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Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent

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dc.contributor.author Loewy, Arnold H.
dc.date.accessioned 2011-03-31T17:07:04Z
dc.date.available 2011-03-31T17:07:04Z
dc.date.issued 2009
dc.identifier.citation 79 Miss. L.J. 97 en_US
dc.identifier.uri http://hdl.handle.net/10601/1336
dc.description.abstract This Article argues that the majority opinion in the Supreme Court’s decision in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), has led to a burgeoning jurisprudence of placing a premium on citizens’ ignorance of their Fourth Amendment rights. Police who have stopped a vehicle for a minor infraction, or for no infraction whatsoever, may simply ask the driver if they can search the car. Police do not have to inform the driver that he or she has a right to decline the search. While the majority would argue that such a warning would break the informality of the interaction between police and driver, the dissent states that the police could casually state that the driver can refuse. The police could use the following illustration: “Joe, I’d like you to let me search your car. You don’t have to if you don’t want to, but I’d sure appreciate it if you did.” No one need fear that informality will be broken. The Article puts forward Justice Thurgood Marshall’s Schneckloth dissent as a wise corrective measure to police valuing citizen ignorance. Justice Marshall clearly saw what the decision would do to the innocent, as well as the guilty, and perhaps most importantly to the Constitution that we are all supposed to live under.
dc.language.iso en_US en_US
dc.publisher Mississippi Law Journal
dc.relation.uri http://www.heinonline.org/HOL/Page?handle=hein.journals/mislj79&id=99&collection=journals&index=journals/mislj
dc.relation.uri https://a.next.westlaw.com/Document/Ia36dd3f2fa4311de9b8c850332338889/View/FullText.html
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/4YGF-KXX0-00CW-F02X-00000-00?context=1000516
dc.relation.uri http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1556404
dc.subject Consent en_US
dc.subject Criminal law en_US
dc.subject Knowledge en_US
dc.subject Fourth Amendment
dc.subject Search and seizure
dc.subject Consent to search
dc.subject Constitutional law
dc.title Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent en_US
dc.type Article en_US

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