Consent Engendered: A Feminist Critique of Consensual Fourth Amendment Searches
26 Pages Posted: 12 Jun 2014
Date Written: Winter 2004
This essay examines the inherent power imbalances that characterize police-individual encounters and questions the notion of consensual searches. Albeit feminist challenges to the notion of consent in other areas of the law, there has not been a feminist scrutiny of consent and agency as employed within search and seizure law. Therefore, this essay builds on feminist critique of rape laws and domestic violence to challenge the Court’s dichotomized view of coercion and consent in its search and seizure cases and to offer a feminist concept of agency under conditions of subordination.
Keywords: feminist jurisprudence, domestic violence, fourth amendment, coercion, consent, agency, searches and seizures, rape, sexual assault
Suggested Citation: Suggested Citation