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Why might people comply with search requests from police when they don’t want to? Many are not aware they can refuse.
JUDICIAL CONSENT SCENES FREE
They warned that judges in the safety of their chambers may assume that motorists stopped by police feel free to refuse search requests-when motorists in fact don’t. The authors observed that this “empathy gap” appears in many social psychology experiments on obedience. Some 86% and 88% of these two cohorts (again about 100 participants each) predicted that a reasonable person would refuse to grant consent. These participants were not themselves asked for consent. The study separately asked other people whether a hypothetical reasonable person would agree to unlock their phone for a search. Compliance rates were 97% and 90%, in two cohorts of about 100 people each. For example, a 2019 study in the Yale Law Journal, titled “ The Voluntariness of Voluntary Consent ,” asked each participant to unlock their phone for a search.
JUDICIAL CONSENT SCENES DRIVERS
Field data show that the overwhelming majority of people grant “consent.” For example, statistics on all traffic stops in Illinois, for 2015, 2016, 2017, and 2018, show that about 85% of white drivers and about 88% of minority drivers grant consent.
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History has proven Justice Marshall right. If they display any firmness at all, a verbal expression of assent will undoubtedly be forthcoming. As Justice Thurgood Marshall explained in his dissent:Īll the police must do is conduct what will inevitably be a charade of asking for consent. Bustamonte (1973), which held that “consent” alone is a legal basis for search, even if the person searched was not aware of their right to refuse. The doctrinal original sin is Schneckloth v. The “consent search” end-run around the warrant requirement rests on a legal fiction: that people who say “yes” to an officer’s demand for “consent” have actually consented. Such “consent” requests must also be limited. For example, police use it to access data from home internet of things (IoT) devices, like Amazon Ring doorbell cameras, that are streamlined for bulk police requests. Other kinds of invasive digital searches currently rest on “consent,” too. And police must tell people they can refuse.
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The scope of consent must be narrowly construed. They must collect and publish statistics about consent searches, to deter and detect racial profiling. Police must have reasonable suspicion that crime is afoot. In less-coercive settings, such “consent searches” must be strictly limited. In highly coercive settings, like traffic stops, police must be banned from conducting “consent searches” of our phones and similar devices. These misleadingly named “consent searches” invade our digital privacy, disparately burden people of color, undermine judicial supervision of police searches, and rest on a legal fiction. Police use this ploy, thousands of times every year, to evade the Fourth Amendment’s requirement that police obtain a warrant, based on a judge’s independent finding of probable cause of crime, before searching someone’s phone. If you’re like most people, you grudgingly comply. But they’ve got a badge and a gun, and you just want to go home.
JUDICIAL CONSENT SCENES LICENSE
After you provide your license and registration, the officer catches you off guard by asking: “Since you’ve got nothing to hide, you don’t mind unlocking your phone for me, do you?” Of course, you don’t want the officer to copy or rummage through all the private information on your phone. Police pull you over, allegedly for a traffic violation. Imagine this scenario: You’re driving home.