By Kate Weisburd

Scholars and advocates have long argued that a person's consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a "choice" is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices-choices that are often just as coerced and uninformed as the choice to consent to a search.Given these concerns, this Article asks: What would happen if consent were eliminated from criminal procedure doctrines? This question is not merely academic. In recent years, a number of jurisdictions have substantially limited or eliminated traditional police searches based on consent. These reform efforts allow us to consider if there is something uniquely coercive or inequitable about consent searches that makes them especially amenable to reform or if we should consider eliminating consent in other criminal procedure doctrines as well.This Article takes on these questions. Drawing on both an original national survey of recent consent-search reforms and a transsubstantive analysis of consent and waiver in a range of criminal procedure doctrines, this Article analyzes the potential ramifications of eliminating (or limiting) consent. In doing so, this Article reveals the extent to which consent plays a pivotal role in upholding—and justifying—the entire operation of the criminal justice system.

.California Law Review (2025), UC Law San Francisco Research Paper Forthcoming,

By Earth League International; John Jay College of Criminal Justice; State University of New York - Farmingdale

In the early twentieth century, the Totoaba fishery was the most important fishery in the Gulf of California. At its peak, in 1942, over two thousand tons of fish maw were exported to China and the Chinese communities in California. Realizing the danger the fish faced, in 1975, the Mexican government banned the fishing of the species (Martínez & Martínez, 2018). Nonetheless, this critically endangered fish remains heavily overfished today, with organized criminal networks across the country playing a pivotal role in trafficking the species (Alvarado Martinez, 2014). The swim bladder is a highly prized commodity in China, as it is believed that the bladder can be used to treat a variety of medical conditions, including infertility, circulatory issues, kidney problems, and arthritis (Yagoub, 2016). Because of this, a single bladder can fetch for significantly high prices, and one gram of totoaba fish bladder can be more expensive than one gram of cocaine (Martínez & Alonso, 2021). Totoaba swim bladders are also referred to as “money maw” (Amepou et al, 2024), as individuals buy the bladder when prices drop in hopes that fish maw prices will rise once again and can be sold for profit. The poaching of totoaba for its swim bladder has had devastating consequences not only for the species itself and the marine life in the Sea of Cortez, but also for the vaquita porpoise, the world's most endangered marine mammal. The illegal fishing methods used to catch totoaba, particularly gillnets, also ensnare and kill vaquitas as bycatch. With only a few individuals remaining, the vaquita is on the brink of extinction. The survival of this species is directly linked to the elimination of totoaba poaching and trafficking.

Using the crime script analytical technique, and the meticulously-recorded first-hand investigative materials by Earth League International, this report analyzes the intricacies involved in trafficking totoaba swim bladder from Mexico to international destinations.

Los Angeles: Earth League International (ELI), 2024. 14p.