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Article: The Fourth Amendment and traffic stops: bright-line rules in conjunction with the totality of the circumstances test.(Supreme Court Review)(Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- March 22, 1998
- Author:
CopyrightCOPYRIGHT 1998 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In Ohio v. Robinette,(1) the United States Supreme Court addressed whether a law enforcement officer must advise a detained motorist that he is "free to go" before the motorist's consent to search will be recognized as voluntary.(2) The Court held that the Fourth Amendment does not require the application of any such bright-line rule, but rather is based on a fact-specific reasonableness inquiry.(3) In so deciding, the Court further expanded the power of law enforcement officers to detain motorists as defined in Whren v. United States(4) and Schneckloth v. Bustamonte.(5) The Robinette Court held that the Ohio Supreme Court's application of a ...