Question
In United States v. Benitez , a man in a car appeared somewhat suspicious to officials at a border crossing. An officer asked if he
In United States v. Benitez, a man in a car appeared somewhat suspicious to officials at a border crossing. An officer asked if he "minded if we looked in the trunk," in response to which the man said nothing but opened the trunk. Eventually, the officer found marijuana. On appeal, Mr. Benitez argued that he interpreted the officer's utterance as an order. Recall that this phrasing ("do you mind") is relatively coercive, even apart from the stark differences in power between officer and detainee. Nonetheless, the court held that the officer's utterance was a request, and that Benitez's actions signaled voluntary consent (p. 47). Do you agree with the court's decision? Explain your agreement or disagreement, focusing on how requests are understood as orders or commands.
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