Outside of Texas, however, pragmatic concerns are causing more departments to require written consent, most recently the largest police department in the country in New York City. According to New York Newsday:
The initiative was put in place because consent searches are often challenged at trial - and jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said. ... In one case, a federal judge said he found it 'wholly plausible' that a sergeant forced his way into a Bronx apartment to conduct a search despite the sergeant's contention otherwise.Via Drug War Rant.
See prior, related Grits coverage:
- Searching for consent at Texas traffic stops
- Don't mind if I take a look, do ya?
- Police oversearching not all about race
- Austin drivers refuse searches when they know they can
- How often do drivers refuse consent searches?
- UNT Academics: Centralize, standardize racial profiling data
- Police don't want to improve racial profiling data