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When is consent really consent?

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Abstract:

This article examines the doctrine of consent as it has been applied to vehicular searches and seizures by the federal courts. It takes the position that current doctrine has undermined many of the freedoms implied in the Fourth Amendment and, in the context of other Supreme Court decisions and of "racial profiling", may contribute to the racial divisions found in our criminal justice system.

Keywords: Consent searches; Racial profiling; Search and seizure

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/0888431032000151862

Affiliations: Department of Public Affairs, University of Wisconsin-Oshkosh, USA

Publication date: September 1, 2003

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