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Schneckloth v.

Bustamonte
1973 | Stewart, J. | Waiver or consented searches
SUMMARY: Police officer stopped a car for a broken headlight. Of the six people in the car, only Alcala had a drivers license. He
claimed that the car belonged to his brother. The police officer asked if he could search a car and he said, Sure, go ahead. Upon
searching, the police officers found three stolen checks. Bustamonte was charged of possessing a check with intent to defraud. He
filed a petition for certiorari, asserting that Alcala consented to the search because he did not know he had a right to withhold his
consent, therefore it couldn't possibly have been voluntary. The Court held that the State need not prove that the one giving
permission to search knew that he had a right to withhold his consent.
DOCTRINE: In a search, the State need not prove that the one giving permission to search knew that he had a right to withhold his
consent

FACTS:
1. Owner of the Speedway Car Wash in Mountview,
California found out that his shop was burglarized. A checkwriting machine and a few blank checks were found to be
missing.

WON the search was valid YES

2. Two days later, while making rounds at around 2:30 in the


morning, Officer James Rand stopped a black 1958 Ford 4door for having a broken headlight a burnt-out license plate
light. When the the officer asked driver Gonzalez for a
drivers license, but he could not produce any. Of the 6 people
in the car, only Alcala had a license and claimed that the car
belongs to his brother.

When the subject of a search is not in custody and the State


would justify a search on the basis of his consent, the Fourth
and Fourteenth Amendments require that it demonstrate that
the consent was in fact, voluntary and not the result of duress
or coercion by police officers. In this case, the consent was
voluntarily given by Alcala. The Due Process Clause does
not require the state to prove that the defendant knew he
had a right to refuse to answer questions. His state of mind
and the polices failure to advise him of his rights are
certainly factors, but are not in themselves determinative.
While the subjects knowledge of a right to refuse is a factor
to be taken into account, the prosecution is not required to
demonstrate such knowledge as a prerequisite to
establishing a voluntary consent. There is no evidence of
any inherently coercive tactics against Alcala. The Court
rejected the waiver test, which requires the suspects to fully
know his right against unreasonable searches and seizures
before they can give valid consent.

3. Police officer asked Alcala if he could search the car, to


which the latter answered, Sure, go ahead. The officer,
together with other two, searched the car and found three
Speedway Car Wash hidden under one of the rear seats. The
six men were arrested. A search warrant was secured to searh
the car, where more stolen checks were found.
4. Bustamonte was prosecuted in California state court on a
charge of possessing a check with intent to defraud. He asked
prayed that evidence against him be suppressed, as they were
acquired in violation of his Fourth Amendment right to be free
from unreasonable searches and seizures. He alleged that
Alcala only gave his consent because he was coerced by the
officers. He further argued that Alcala did not know that
he could refuse consent and therefore his consent couldn't
possibly have been voluntary.

ISSUE/S:

RULING/RATIO:

As opposed to the doctrine in Miranda v. Arizona that right to


remain silent, among others, must be made known th the
accused, the Court ruled that the accused need not know that
he had a right to withhold his consent. There is a vast
difference between those rights that protect a fair criminal trial
and the rights guaranteed under the Fourth Amendment.
Nothing, either in the purposes behind requiring a "knowing"
and "intelligent" waiver of trial rights, or in the practical
application of such a requirement suggests that it ought to be
extended to the constitutional guarantee against unreasonable
searches and seizures.

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