Professional Documents
Culture Documents
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.
ISSUE/S:
RULING/RATIO: