criminal procedure in american society
Using the Infotrac access system, I located two articles regarding consent searches. The first article discuses the acquiring of consent by police officers by means of deception. The other sets guidelines for officers when attempting to obtain consent while keeping the voluntariness of the suspect in mind. The first article appeared in the FBI Law Enforcement Bulletin in August of 1996. Kimberly A. Crawford discusses guidelines for officers to follow when obtaining consent for warrantless searches. She agrees that it is a valuable investigative tool, but officers must be mindful when deciding the degree of voluntariness of the consent given. When determining the voluntariness of a consent search, the courts use a "totality of the circumstances" test. This test has concluded that the following actions do not necessarily render consent involuntary: 1) The failure to advise an individual of the right to refuse consent, 2) The fact that the officers had their weapons drawn and had handcuffed an individual prior to asking for consent, and 3) The obtaining of consent from a person under the influence of drugs. Although these situations do not automatically necessitate involuntariness, the courts
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Some common words found in the essay are:
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Approximate Word count = 920
Approximate Pages = 4 (250 words per page double spaced)
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