The Need for 'Knowing': Why the Iowa Supreme Court Should Reject Schneckloth v. Bustamonte

Author:Alexandra L. Pratt
Position:J.D. Candidate, The University of Iowa College of Law, 2015; B.A., The University of Kansas, 2011

More than 40 years ago, the United States Supreme Court decided Schneckloth v. Bustamonte. The decision, imposing a "totality of the circumstances" test to evaluate the voluntariness of consent to a search, remains the binding federal standard and the subject of pervasive criticism. In addition, consent continues to be law enforcement's most common method to evade the constitutional requirements... (see full summary)

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