context: The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions.
citation_a.signal: see
citation_a.identifier: 412 U.S. 247, 247
citation_a.parenthetical: suggesting that consent searches are not "inherently coercive" when they "occur on a person's own familiar territory"
citation_a.sentence: See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently coercive” when they “occur on a person’s own familiar territory”); United States v. Carter, 378 F.3d 584, 589 (6th Cir.2004) (stating that “a man’s home is his castle,” and that “police may be kept out or invited in as informally as any other guest”), cert. denied, 543 U.S. 1155, 125 S.Ct. 1298, 161 L.Ed.2d 121 (2005); cf. State v. Timmendequas, 161 N.J. 515, 615, 737 A.2d 55 (1999) (stating that, because questioning of defendant took place in his home, it “was not inherently intimidating”), cert. denied, 534 U.S. 858, 122 S.Ct. 136, 151 L.Ed.2d 89 (2001); State v. P.Z., 152 N.J. 86, 103, 703 A.2d 901 (1997) (noting that, during interview of defendant in his home, he had “complete freedom to come and go as he pleased”). In limiting the reach of our holding in Carty, we recognized the distinct disadvantage of the motorist detained at the side of the road and the history of abuse of the consent search in the context of motor vehicle stops.
citation_b.signal: cf.
citation_b.parenthetical: noting that, during interview of defendant in his home, he had "complete freedom to come and go as he pleased"
citation_b.sentence: See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently coercive” when they “occur on a person’s own familiar territory”); United States v. Carter, 378 F.3d 584, 589 (6th Cir.2004) (stating that “a man’s home is his castle,” and that “police may be kept out or invited in as informally as any other guest”), cert. denied, 543 U.S. 1155, 125 S.Ct. 1298, 161 L.Ed.2d 121 (2005); cf. State v. Timmendequas, 161 N.J. 515, 615, 737 A.2d 55 (1999) (stating that, because questioning of defendant took place in his home, it “was not inherently intimidating”), cert. denied, 534 U.S. 858, 122 S.Ct. 136, 151 L.Ed.2d 89 (2001); State v. P.Z., 152 N.J. 86, 103, 703 A.2d 901 (1997) (noting that, during interview of defendant in his home, he had “complete freedom to come and go as he pleased”). In limiting the reach of our holding in Carty, we recognized the distinct disadvantage of the motorist detained at the side of the road and the history of abuse of the consent search in the context of motor vehicle stops.