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Ohio v. Robinette III

685 N.E.2d 762 (1997)

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Ohio v. Robinette III

Ohio Supreme Court
685 N.E.2d 762 (1997)

DC

Facts

Robinette (defendant) was stopped by a police officer for speeding. The officer advised Robinette that he was letting him go with a verbal warning but, without a break in the conversation, asked Robinette whether he had any illegal items in the car. Robinette denied having anything illegal in the car, but the officer then immediately asked Robinette whether he could search the vehicle. After hesitating, Robinette agreed to the search. The officer found drugs in the car during the search, and Robinette was charged for the offense. At trial, Robinette testified that he did not feel he could refuse the officer’s request to search the car. On appeal following Robinette’s conviction, the Ohio Supreme Court held that the state and federal constitutions required the officer to advise Robinette that he was free to leave before attempting to engage him in further voluntary interrogation. The United States Supreme Court granted certiorari and found that, under the federal constitution, the voluntariness of Robinette’s consent to the search should have been determined under the totality of the circumstances. On remand, the Ohio Supreme Court reevaluated the test for voluntariness of Robinette’s consent to the search under the state constitution.

Rule of Law

Issue

Holding and Reasoning (Stratton, J.)

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