Page 157 - Original 2020 Legal Guide By Jack Ryan

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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