Question
What is a speech act? What is the difference between a request and a command? What are some examples of requests? Demands? Why do we
What is a speech act? What is the difference between a request and a command? What are some examples of requests? Demands? Why do we tend to issue requests, commands and orders indirectly? How does this expectation relate to consent? How is the difference between requests and commands critical to the voluntariness of consent to a search? In answering this question, considering the Supreme Court's decision they recognized that the question "Does the trunk open?" might be an indirect request. But they failed to recognize that it might also be a command.
How do the Courts tend to take pragmatic information into account? (p48)
text Solan & Tiersma, Ch. 3, Consensual Searches
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