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Schneckloth v. Bustamonte, 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth ...
One is the "Consent to Search" law which requires an officer to inform someone they have the right to deny a search and to make sure that person understands that right. The other is the "NYPD ID" law, which requires the officer, in certain situations, to hand out business cards with their name, rank, badge number and command.
Relevant exceptions to the Fourth Amendment's warrant requirement include "1) when consent to search has been given (Schneckloth v. Bustamonte, 1973), (2) when the information has been disclosed to a third party (United States v. Miller, 1976), and (3) when the information is in plain view of an officer (Horton v. California, 1990)". [22]
Illinois v. Rodriguez (1990) - search valid if police reasonably believe consent given by owner; Florida v. Bostick (1991) - not "free to leave" but "free to decline" on bus; Florida v. Jimeno (1991) - can request officer to limit scope of search; Ohio v. Robinette (1996) - do not have to inform motorist is free to go; United States v.
San Francisco Police searching a vehicle after a stop in 2008. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
United States v. Ross, 456 U.S. 798 (1982), was a search and seizure case argued before the Supreme Court of the United States.The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle (specifically, in the trunk) to be searched as well.
Rothman, 492 F.2d 1260 (9th Cir., 1973), this court, conceding that Schneckloth is limited by its facts to cases in which the consenting party is not in custody, observed that we have never applied a different test for consent searches on the basis of the pre-consent arrest of the consenting party and held that 'arrest is but one factor, albeit ...
California v. Acevedo , 500 U.S. 565 (1991), was a decision of the United States Supreme Court , which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is ...