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OHIO v. ROBINETTE

No. 95-891.

519 U.S. 33 (1996)

117 S.Ct. 417

136 L.Ed.2d 347

OHIO v. ROBINETTE

Supreme Court of United States.

Decided November 18, 1996.

Attorney(s) appearing for the Case

Carley J. Ingram argued the cause for petitioner. With her on the briefs was Mathias H. Heck, Jr.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Paul A. Engelmayer, and Joseph C. Wyderko.

James D. Ruppert argued the cause and filed a brief for respondent.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Ginsburg, J.,filed an opinion concurring in the judgment, p. 40. Stevens, J., filed a dissenting opinion, p. 45.

Chief Justice Rehnquist delivered the opinion of the Court.

We are here presented with the question whether the Fourth Amendment requires that a lawfully seized defendant must be advised that he is "free to go" before his consent to search will be recognized as voluntary. We hold that it does not.

This case arose on a stretch of Interstate 70 north of Dayton, Ohio, where the posted speed limit was 45 miles per hour...

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