NCJ Number
125969
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 1 Dated: (Spring 1990) Pages: 37-76
Date Published
1990
Length
40 pages
Annotation
This analysis of judicial decisions concerning suspects' refusal to submit to searches concludes that no evidence of consciousness of guilt may be inferred from the refusal of a detained suspect to consent to an inspection of the private aspects of the body or belongings without full Miranda warnings and the stated desire to communicate with authorities without an attorney present.
Abstract
However, a different conclusion could be reached if the prisoner refuses to cooperate in situations in which a free person is legally obligated to yield. Thus, consciousness of guilt may appropriately be inferred from a suspect's refusal to comply with a legitimate request. Finally, in situations in which a suspect who is either at liberty or in custody is not legally required to allow a search or other intrusive examination, the refusal may not be used as evidence of consciousness of guilt, even when law enforcement personnel may legally conduct the search without the suspect's consent. Analysis of specific cases and 122 footnotes.