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. |
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Dicta: |
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