When conducting a traffic stop, does an officer have to tell the driver he is free to go before the officer asks the individual if he or she has drugs or weapons in the car?
A. No. The Fourth Amendment does not require that a lawfully seized defendant be advised that he is “free to go” before his consent to search will be recognized as voluntary. The Amendment’s touchstone is reasonableness, which is measured in objective terms by examining the totality of the circumstances. Ohio v. Robinnette, ___ U.S. ___ (1996).
Related Questions
- When conducting a traffic stop, does an officer have to tell the driver he is free to go before the officer asks the individual if he or she has drugs or weapons in the car?
- What happens if an officer at a sobriety checkpoint suspects a driver is under the influence of alcohol or drugs?
- WHAT IS THE POLICE OFFICER LOOKING FOR DURING THE INITIAL TRAFFIC STOP TO IDENTIFY A DRUNK DRIVER?
