E-Newsletter Edition: May 16, 2007
Always note that state law may be more restrictive on police power than the U.S. Constitution.
QUESTION:
Two issues, one I need to find a case ruling from the supreme court or 8th circuit on consent searches. The new CA is saying we can not ask for consent to search of a vehicle unless, we can smell drugs, paraphernalia is laying out, we have ‘intell’ on the subject or he is acting nervous. The better way of saing this is we need a reasonable suspicion or probable cause.
Also when I do my drug interdiction I was told by other interdiction officers who conduct interdiction all the time that we can ask for consent to search of the vehicle at any time during the stop. Is this true and under what case.
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ANSWER:
The foundation cases from the United States Supreme Court are Schnekloth v. Bustamonte and Florida v. Jimeno. They are still controlling.
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In accord with this precedent, an officer can ask a person on any stop for consent.
- The officer need not have probable cause or reasonable suspicion,
- and need not tell the person of the right to refuse
-the only issue is whether the consent was voluntary.
