Talk:Index of consent to search case law articles

External links

Since the index links to Wikipedia articles, why is it appropriate to have these external links? If it is appropriate, then would it not be more useful to have the links linked to the case names in the list, i.e. as citations? --Bejnar (talk) 17:20, 3 December 2018 (UTC)

Hi Bejnar, thanks for dropping by. I am planning to expand this page over the next month or two. I want to write a short paragraph and have citations to law journal articles for each decision. It would be linked to terry stop case law and also "traffic stop case law" (not created yet).

I thought having the links to the original decisions all in one place would be helpful because you can see a real progression over time. And someone like a student or professional putting together research could just come here and access all the decisions.

But, I'm open to discussion, since wikipedia is a group effort :-) Seahawk01 (talk) 03:47, 4 December 2018 (UTC)

Non-US case law

For example, a notable case in South Africa juriprudence is S v Motloutsi17 (1996 2 BCLR 220 (C) 229 A-B) in which a person who was leasing property (lessee) sublet a room to the accused. The court held that the consent from the lessee did not amount to a valid consent in terms of section 22(a) of the Criminal Procedure Act because the lessee did not have the accused’s property in his custody or under his control and he did not have the right to pry into the accused’s private possessions. The only person who could have consented was the accused. Therefore the search and seizure was unlawful. See also Powell NO and Others v Van Der Merwe and Others (2005 1 All 49 (SCA) 49) where the defendent was deemed to have consented to an otherwise unlawful search.

In Canada, see for example the notable case of Rv Borden (1994) (119 DLR (4th) 74 (SCC) 87). There the police stated that blood would be taken for a specified purpose. The accused consented to the taking of a blood sample on that understanding. However, subsequently the police attempted to use the results for a different, unrelated offense. The court held that the consent was thus invalid as the unrelated offense, since the accused had not consented to that use.

There are doubtless other cases from common law jurisdictions that have achieved notablity in this field, even if their Wikipedia articles have yet to be written. --Bejnar (talk) 17:14, 3 December 2018 (UTC)

Bejnar, I think it would be great to have case law from around the world. My only concern would be to keep the page from growing too large. We can have a main "consent search" page and then "united states consent search," if needed. What I've been trying to document is the following in the United States:

• police approaches suspect and uses consensual encounter to get a consent to search (of person, luggage, etc)
• police pull over automobile ("seizure") for minor infraction and request consent to search vehicle

The Supreme Court has repeatedly ruled police do not need to inform people of their right to refuse. But lately several cities and states, including New York City, are requiring police to inform people of their right to refuse a search (like a Miranda warning).

I doubt the list will grow too long so long as it is limited to those cases that have Wikipedia articles. When i last researched this in 1976, I remember that I read all the relevant appellate case law in less than a week, going to school full-time. --Bejnar (talk) 05:36, 4 December 2018 (UTC)

Scope

This should be a place to find the case law articles, not a place for analysis. The individual linked articles, and the summary articles like Terry stop, are where the law review articles should be considered and cited. --Bejnar (talk) 05:36, 4 December 2018 (UTC)

@Bejnar: ok, sounds good. I copied the Supreme Court decisions here, so you can remove them if you want. One question is how much description should we have per case...I am assuming one sentence is good. Also, I'd like to mention a lot of the individual articles for the cases need work, if anyone is interested. Seahawk01 (talk) 06:04, 4 December 2018 (UTC)