Question
Examine the following transcript of an interaction between a traffic police officer and a suspect (Chapter 3, p. 43). Respond to the questions below the
Examine the following transcript of an interaction between a traffic police officer and a suspect (Chapter 3, p. 43). Respond to the questions below the transcript.
Officer: Would you have any problems with me searching the van and the contents of the van?
Suspect: (nods head)
Officer: Would you mind if I search it?
Suspect: Yes.
Officer: It's ok?
Suspect: It's ok. Everything is ok.
Officer: You don'tdo you mind if I search the van?
Suspect: (no response).
Officer: Is it all right for me to search the van?
Suspect: Yes.
1. Based on the questions the officer asks, do you think the officer has a warrant to search the van?
2. Describe the type of speech act used by the officer in the following questions:
- Would you have any problems with me searching the van and the contents of the van?
- Would you mind if I search it?
- Do you mind if I search the van?
3. What do the authors of the book, Solan and Tiersma, say about the nature of the "Do you mind....?" type questions? (Read pages 42-45 in Chapter 3). Why are these types of questions considered coercive?
4. Examine how the suspect responds to the officer's questions. Is it clear that the suspect understands the officer's requests?
5. What is the strategy that the officer is using? What do you think is his intention, based on this interaction only? Is he successful in accomplishing his intended action? How so?
6. The suspect consents to the search. Was this consent given knowingly, intelligently and voluntarily? Explain your response based on the discussion in Chapter 3.
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