Constitutional Criminal Procedure

Resource 10 . 1 . 1

40 minutes

Schneckloth v. Bustamonte

C.E. Field

When showing valid consent to search, prosecution need only demonstrate that consent was given voluntarily.  Consent need not be knowing and intelligent, i.e., knowledge of the right to refuse consent is not essential to a finding of valid consent.  (Voluntariness is assessed thru totality of the circumstances.)

Supreme Court of the United States

412 U.S. 218, 36 L. Ed. 2d 854, 93 S. Ct. 2041, SCDB 1972-127, 1973 U.S. LEXIS 6

No. 71-732

1973-05-29

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