Schneckloth v. Bustamonte

Schneckloth v. Bustamonte, 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth Amendment.

Background

While on routine patrol in Sunnyvale, California, at approximately 2:40 in the morning, Officer James Rand stopped an automobile when he observed that one headlight and its license plate light were burned out. Six men were in the vehicle. Joe Alcala and the respondent, Robert Bustamonte, were in the front seat with Joe Gonzales, the driver. Three older men were seated in the rear. In response to the policeman's question, Gonzales could not produce a driver's license, Rand asked if any of the other five had any evidence of identification. Only Alcala produced a license, and he explained that the car was his brother's. After the six occupants had stepped out of the car at the officer's request, after two additional policemen had arrived, Rand asked Alcala if he could search the car. Alcala replied, "Sure, go ahead." Prior to the search, no one was threatened with arrest, and, according to Rand's uncontradicted testimony, it "was all very congenial at this time." Gonzales testified that Alcala actually helped in the search of the car by opening the trunk and glove compartment.