United States v. Drayton

2002

Court: US Supreme Court

Facts: Drayton is riding on a bus, and foolishly consents to be searched.

Posture: Motions to suppress his drugs, the usual.

Issue: Was consent involuntary, and do police have to make it clear that you have the right to refuse?

Holding: No and no.

Rule: There's no one overriding factor that the government needs to establish as the sign of effective consent.

Reasoning: We're not having per se requirements for consent. The fact that the police are asking indicates that a reasonable person would understand that refusal was a possibility. Again, it's the totality of the circumstances.

Dicta: