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Constitutional Criminal Procedure
Resource 10 . 1 . 3
25 minutes

Ohio v. Robinette, 519 US 33 (1996)

C.E. Field

Must a driver be told that the traffic stop is over (and that they are free to leave) before gaining consent to search the car?

Supreme Court says no.  Voluntariness of consent is determined by TOTC, not a bright-line rule.

On remand, the OH Supreme Court held that under a TOTC analysis, Robinette did not voluntarily consent, as he "merely submitted to a claim of lawful authority." (State v. Robinette, 80 Ohio St. 3d 234 (1997), citing Royer, 460 U.S. at 497.)

Supreme Court of the United States
519 U.S. 33, 136 L. Ed. 2d 347, 117 S. Ct. 417, 1996 U.S. LEXIS 6971, SCDB 1996-005
No. 95-891
1996-11-18

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