Indeed, the only cases it discusses or even cites are federal cases, except for one state case which itself applies the Federal Constitution. I, § 14, of the Ohio Constitution in passing (a section which reads identically to the Fourth Amendment), the opinion clearly relies on federal law nevertheless. 1032 (1983),when "a state court decision fairly appears to rest primarily on federal law, or to be interwoven with the federal law, and when the adequacy and independence of any possible state law ground is not clear from the face of the opinion, we will accept as the most reasonable explanation that the state court decided the case the way it did because it believed that federal law required it to do so." Id., at 1040-1041. Respondent contends that we lack such jurisdiction because the Ohio decision rested upon the Ohio Constitution, in addition to the *37 Federal Constitution. We must first consider whether we have jurisdiction to review the Ohio Supreme Court's decision. ![]() 1157 (1996), to review this per se rule, and we now reverse. Any attempt at consensual interrogation must be preceded by the phrase `At this time you legally are free to go' or by words of similar import." Id., at 650-651, 653 N. In its opinion, that court established a bright-line prerequisite for consensual interrogation under these circumstances: "The right, guaranteed by the federal and Ohio Constitutions, to be secure in one's person and property requires that citizens stopped for traffic offenses be clearly informed by the detaining officer when they are free to go after a valid detention, before an officer attempts to engage in a consensual interrogation. The Supreme Court of Ohio, by a divided vote, affirmed. ![]() On appeal, the Ohio Court of Appeals reversed, ruling that the search resulted from an unlawful detention. He then pleaded "no contest," and was found guilty. § 2925.11(A) (1993).īefore trial, Robinette unsuccessfully sought to suppress this evidence. Robinette was then arrested and charged with knowing possession of a controlled substance, MDMA, in violation of Ohio Rev. In the car, Deputy Newsome discovered a small amount of marijuana and, in a film container, a pill which was later determined to be methylenedioxymethamphetamine (MDMA). Robinette answered "no" to these questions, after which Deputy Newsome asked if he could search the car. to Brief for Respondent 2 (internal quotation marks omitted). Newsome then asked Robinette to step out of his car, turned on his mounted video camera, issued a verbal warning to Robinette, and returned his license.Īt this point, Newsome asked, "One question before you get gone: re you carrying any illegal contraband in your *36 car? Any weapons of any kind, drugs, anything like that?" App. Newsome asked for and was handed Robinette's driver's license, and he ran a computer check which indicated that Robinette had no previous violations. Robinette was clocked at 69 miles per hour as he drove his car along this stretch of road, and was stopped by Deputy Roger Newsome of the Montgomery County Sheriff's Office. This case arose on a stretch of Interstate 70 north of Dayton, Ohio, where the posted speed limit was 45 miles per hour because of construction. 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. *35 Chief Justice Rehnquist delivered the opinion of the Court. Ruppert argued the cause and filed a brief for respondent. On the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Paul A. ![]() Gornstein argued the cause for the United States as amicus curiae urging reversal. Stevens, J., filed a dissenting opinion, post, p. Ginsburg, J.,filed an opinion concurring in the judgment, post, p. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined.
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