NCJ Number
124338
Journal
Criminal Law Bulletin Volume: 26 Issue: 3 Dated: (May-June 1990) Pages: 195-209
Date Published
1990
Length
15 pages
Annotation
Given its stormy history as a civil law defense, it is both surprising and disconcerting to see assumption of risk emerge as a substantive doctrine in the law of third-party consent searches.
Abstract
This article proposes that the transplantation of assumption of risk to this area of Fourth Amendment jurisprudence cannot be justified given current research in social and environmental psychology. After briefly reviewing its incorporation into third-party consent law, the authors discuss psychological theory and research and their implications for the assumption of risk doctrine. 55 notes. (Publisher abstract)