Name: Pedro Sierra
Case Name: Schneckloth v. Bustamonte
Citation: 412 U.S 218
Date Decided: 1973
Area of Law: Good search/ consent is given
Vote: 6/3. Justice Stewart delivered the opinion of the court, in which Burger, C. J., and White, Blackmun, Powell, and Rehnquist, JJ., joined. Blackmun, J., filed a concurring opinion. Powell, J., filed a concurring opinion, in which Burger, C. J., and Rehnquist, J., joined. Justice Douglas, Brennan, J., and Marshall, J., filed dissenting opinions.
Procedural History: California State Court used totality. The Supreme Court of the United States agrees with California State Court. 9th Circuit Court of Appeals used knowledge of right to refuse as sine que non. The Supreme Court of the United States overrules the 9th Circuit Court of Appeals.…show more content… He pulled over the vehicle for having one headlight and its license plate light burned out. He observed six men inside the vehicle, three men in the front and three men were seated in the rear. Officer asked the driver for a driver’s license, in response to the officer the men could not produce driver’s license. He then asked the other 5 men for identification and only one men had a driver’s license and claimed that the car was his brothers. The officer orders the men out the car and asked the only individual with a driver’s license who is Alcala if he can check the car. Alcala response was “Sure, go ahead” and gave consent to the officer. According to one of the men, Alcala who is the brother of the owner of the vehicle helped the officer in the search, by opening the trunk were the police officer found three checks that had been stolen from a car
