Page 160 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Consent Search of Vehicle

Schneckloth v. Bustamonte, 412 U.S. 218 (1973).

In cases where an officer receives a voluntary consent to search an

auto, the search of the auto and the seizure of evidence or
contraband will be valid.

• An officer obtaining consent need not tell the person that they have
the right to refuse the officer’s request however where the person is

informed, it is more likely that consent will be found to be voluntary.

• Voluntariness determined by factors such as age, experience,

cooperative atmosphere of stop, whether there was any coercive

conduct on the part of the police.

Caution: Initial stop must be valid and some lower courts have

determined that consent obtained after the reason for the stop has
been concluded invalidates the consent as the result of an illegal

detention.

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