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No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention

By Walin & Klarich

Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v. Flores, 48 F.3d 467, 1995). When law enforcement stops a vehicle, mere questioning of the driver does not create a detention such that Miranda rights must be read to the driver. In the same way, asking a driver for consent to search a vehicle does not independently create a detention. Understanding the lawfulness of a traffic stop and subsequent vehicle search requires a deep understanding of the Constitution and how it applies to specific facts of the case.continue to full post

Full post as published by Southern California Criminal Defense Blog on August 21, 2009 (boomark / email).