When is Consent Legally Given?

Below is an odd story in our age of advancing technology.  

Apparently, the National Highway Transportation Safety Administration hires uniformed, off-duty police officers -- who operate official-looking vehicles using flashing lights -- to stop motorists "voluntarily".  The motorists are not suspected of violating any law.

Motorist is Expected to Digest Lengthy Legal Terms While In Presence of Uniformed Officers

After pulling the "voluntary," law-abiding motorist off of the road, the officers hand the motorist a long sheet of paper stating legal terms and conditions.  

According to the news report below, the sheet of paper informs the motorist that she has consented (!) to some kind of surveillance by technology that passively ascertains how much alcohol is in her body at that time. 

I'd love to hear government lawyers explain how this legal consent works.  I question whether the motorist actually gave consent.

Pressure Undermines the Possibility of Consent

In this context it appears the motorist has been placed under pressure -- by the uninvited presence of uniformed police officers operating an official-looking vehicle as though the motorist has been been stopped on account of a traffic violation.

Further, it appears the motorist is being asked to consent to something that an ordinary citizen could not reasonably understand under the conditions. Technology that passively measures the level of alcohol in a human is not generally understood today.

#surveillancestate   #termsandconditions   #nhtsa  
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