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LACK OF INFORMED CONSENT ALLOWS EXCESSIVE SEARCHES WITHOUT PROBABLE CAUSE
What the Supreme Court does not seem to recognize is the coercive element involved in a police officers request to search during a traffic stop. With the consensual search technique, police can easily use routine traffic stops as tools for drug enforcement. All the officer needs to do is to ask, "Just one more thing. You don't have any drugs or guns in that gym bag, do you?" If the answer is "Yes," the officer has probable cause to search. When the answer is "No," the officer replies, "Then you wouldn't mind if I took a look in there, would you?" The driver can hardly refuse...
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Common topics in this essay:
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