“If I could have spoke with him, he probably wouldn’t be going to jail:” an Analysis of the Effect of Language Barriers on Fourth Amendment Protections

Authors

Caroline Hilgert, University of Nebraska - LincolnFollow

Date of this Version

Spring 3-14-2022

Document Type

Thesis

Citation

Hilgert, Caroline. "If I could have spoke with him, he probably wouldn’t be going to jail:' an Analysis of the Effect of Language Barriers on Fourth Amendment Protections. Undergraduate Honors Thesis. University of Nebraska-Lincoln. 2022.

Comments

Copyright Caroline Hilgert 2022.

Abstract

This paper analyzes language barriers within police interactions, attempting to answer the question, “How do language barriers affect the protections afforded by the Fourth Amendment?” I argue that language barriers lessen the protections afforded by the Fourth Amendment. Using legal history to define consent in regard to the Fourth Amendment, I first develop a clearer picture of how consent has been treated by law enforcement in the past. Additionally, I preview how legally defined standards regarding the Fifth Amendment, or Miranda Rights, provide more protections for defendants. I then use a variety of court cases in which language barriers have been a significant factor in order to support my argument. Following my arguments, I preview some potential solutions, including police reforms and civic education reforms that could aid in mitigating the role that both language barriers and a lack of civic education have on the interactions non-English speakers have with law enforcement.