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Schneckloth v. Bustamonte

United States Supreme Court
412 U.S. 218 (1973)

Schneckloth v. Bustamonte


A police officer making a routine traffic stop, lacking any probable cause, asked for permission to search the car. The brother of the owner of the car gave consent. Upon searching the vehicle, the officer discovered three stolen checks which were later linked to Bustamonte (defendant), one of the six passengers riding in the car. Over Bustamonte’s objections, the trial court allowed the evidence of the checks to be admitted at trial and Bustamonte was convicted of theft. On appeal, the court of appeals held that in order to prove voluntariness, the prosecution had to establish that the person giving consent knew he had the right to refuse the request.

Rule of Law


Holding and Reasoning (Stewart, J.)

Dissent (Marshall, J.)

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