Solutions:
Consent searches rarely result in findings of wrongdoing and thus waste officers’ valuable time. Limiting searches to those based on probable cause rather than speculation would better direct an officer’s energy towards productive, crime-reducing police practices that increase public safety. Furthermore, ending consent searches protects the public’s right to freedom from unreasonable searches, as all searches would have a legal basis. Ensuring such an equal standard for searches builds community trust in law enforcement.
II. Require written or recorded consent prior to a search as an acceptable alternative to complete prohibition.
Written or recorded consent provides a more solid basis for successful prosecution: it decreases the likelihood that the hard work of police officers is lost on technicalities, because motorists are less likely to be able to contest a vehicle search and win when an officer can prove written permission for that search. Even the Texas District and County Attorneys Association advises that “Although oral consent is sufficient, written consent is definitely preferred to oral consent because it reduces the likelihood of a swearing match in court later.”[i] In addition, written consent forms that require police to inform individuals of their rights prior to a search help to build a better relationship between police and community members, many of whom feel they are unfairly targeted through the use of consent searches.
[i] Page 57 of the Texas District and County Attorneys Associations Traffic Stops manual