Friday, April 26, 2013
Brian Gallini (University of Arkansas School of Law) has posted Rethinking Schneckloth v. Bustamonte (Search & Seizure Law Report, Vol. 40, No. 2, p. 9, February 2013) on SSRN. Here is the abstract:
Why provide warnings to criminal suspects subject to custodial interrogation, but decline to require that citizens be informed of their right to refuse consent? And a related question: why did the Schneckloth majority opinion’s author, Justice Stewart, go so far as to assert that administering a right to refuse consent warning would be “thoroughly impractical”? This piece argues that Schneckloth should be overruled in light of dramatic changes in politics and our factual understanding of consent searches.