Ohio v. Robinette

The Court’s holding today is narrow: The Federal Constitution does not require that a lawfully seized person be advised that he is “free to go” before his consent to search will be recognized as voluntary. I agree with that holding. Given the Court’s reading of the opinion of the Supreme Court of Ohio, I also agree that it is appropriate for the Court to limit its review to answering the sole question presented in the State’s certiorari petition.1 As I read the state-court opinion, however, the prophylactic rule announced in the second syllabus was intended as a guide to the decision of…