This is a very entertaining analysis of 99 problems from a lawyer's perspective. The most abrasive observation (albeit correct) is this one: Cops are trained to ask for consent, and almost everyone gives it. Consent is useful for them because voluntary consent renders moot any other problems that might arise with the search (for example, a later determination that the officer lacked probable cause). Furthermore, awareness of the right to refuse is not a prerequisite to a voluntary consent to search. A suspect who thinks he has no choice can nonetheless give voluntary consent as a matter of law.
The use of the word voluntary in the preceding sentence strains the language. JAY-Z’S 99 PROBLEMS, VERSE 2: A CLOSE READING WITH FOURTH AMENDMENT GUIDANCE FOR COPS AND PERPS |