NCJ Number
133194
Journal
FBI Law Enforcement Bulletin Volume: 60 Issue: 11 Dated: (November 1991) Pages: 6-10
Date Published
1991
Length
5 pages
Annotation
Constitutional concerns have been raised over so-called "knock-and-talk" drug investigations, where law enforcement officers conduct consent searches without benefit of a search warrant. Public opinion polls have indicated a growing willingness to trade fourth amendment guarantees against unreasonable search and seizure for public order applied against drug law offenders.
Abstract
However, consent searches should be conducted only by officers who understand citizens' rights, are well-trained, and are sensitive to citizens' sense of intrusion and to the potential for the abuse of police powers. Carelessness in conducting such searches endangers civil liberties and risks the loss of a valuable investigative tool. In determining the meaning of voluntary consent, officers must accommodate competing concerns between the legitimate need for consent searches and the requirement for ensuring the absence of coercion. The search actions must also conform to the standards of reasonableness required by the legal system. 11 notes