ohio robinette argued october decided november ohio deputy sheriff stopped respondent robinette speeding gave verbal warning returned driver license deputy asked whether carrying illegal contraband weapons drugs car robinette answered consented search car revealed small amount marijuana pill arrested later charged knowing possession controlled substance pill turned amine following denial pretrial suppression motion found guilty ohio appeals reversed ground search resulted unlawful detention state affirmed establishing prerequisite consensual interrogation circumstances requirement officer clearly state citizen validly detained traffic offense legally free go held jurisdiction review ohio decision contention jurisdiction lacking ohio decision rested part upon state constitution rejected michigan long although opinion mentions ohio constitution passing clearly relies federal law discussing citing federal cases almost exclusively dispositive citations appear opinion official syllabus zacchini broadcasting permissible turn ohio opinion body syllabus speaks general terms federal ohio constitutions jurisdiction defeated additional holding continuing detention person stopped traffic violation constitutes illegal seizure officer motivation continuing related purpose original constitutional stop articulable facts giving rise suspicion separate illegal activity whren officer subjective intentions make continued detention illegal long detention justified circumstances viewed objectively pp fourth amendment require lawfully seized defendant advised free go consent search recognized voluntary amendment touchstone reasonableness measured objective terms examining totality circumstances applying test consistently eschewed rules instead emphasizing nature reasonableness inquiry indeed rejecting per se rule similar one adopted held voluntariness consent search question fact determined circumstances schneckloth bustamonte ohio erred holding otherwise unrealistic require police always inform detainees free go consent search may deemed voluntary cf pp ohio reversed rehnquist delivered opinion scalia kennedy souter thomas breyer joined ginsburg filed opinion concurring judgment stevens filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions typographical formal errors order corrections may made preliminary print goes press end syllabus ohio petitioner robert robinette case arose stretch interstate north dayton ohio posted speed limit miles per hour construction respondent robert robinette clocked miles per hour drove car along stretch road stopped deputy roger newsome montgomery county sheriff office newsome asked handed robinette driver license ran computer check indicated robinette previous violations newsome asked robinette step car turned mounted video camera issued verbal warning robinette returned license point newsome asked one question get gone carrying illegal contraband car weapons kind drugs anything like app brief respondent internal quotation marks omitted robinette answered questions deputy newsome asked search car robinette consented car deputy newsome discovered small amount marijuana film container pill later determined methylenedioxymethamphetamine mdma robinette arrested charged knowing possession controlled substance mdma violation ohio rev code ann section trial robinette unsuccessfully sought suppress evidence pleaded contest found guilty appeal ohio appeals reversed ruling search resulted unlawful detention ohio divided vote affirmed ohio opinion established prerequisite consensual interrogation circumstances right guaranteed federal ohio constitutions secure one person property requires citizens stopped traffic offenses clearly informed detaining officer free go valid detention officer attempts engage consensual interrogation attempt consensual interrogation must preceded phrase time legally free go words similar import must first consider whether jurisdiction review ohio decision respondent contends lack jurisdiction ohio decision rested upon ohio constitution addition federal constitution michigan long state decision fairly appears rest primarily federal law interwoven federal law adequacy independence possible state law ground clear face opinion accept reasonable explanation state decided case way believed federal law required although opinion mentions article section ohio constitution passing section reads identically fourth amendment opinion clearly relies federal law nevertheless indeed cases discusses even cites federal cases except one state case applies federal constitution jurisdiction defeated fact citations appear body opinion ohio law speaks syllabi cases see ohio gallagher syllabus speaks general terms federal ohio constitutions permissible us turn body opinion discern grounds decision zacchini broadcasting respondent robinette also contends may reach question presented petition ohio also held set syllabus motivation behind police officer continued detention person stopped traffic violation related purpose original constitutional stop continued detention based articulable facts giving rise suspicion separate illegal activity justifying extension detention continued detention constitutes illegal seizure ohio respondent failed make argument brief opposition certiorari see rule believe issue continuing legality detention predicate intelligent resolution question presented therefore fairly included therein rule vance terrazas parties briefed issue proceed decide think recent decision whren decided ohio decided present case subjective intentions officer make continued detention respondent illegal fourth amendment made clear whren fact officer state mind hypothecated reasons provide legal justification officer action invalidate action taken long circumstances viewed objectively justify action subjective intentions play role ordinary fourth amendment analysis slip op quoting scott question light admitted probable cause stop robinette speeding deputy newsome objectively justified asking robinette get car subjective thoughts notwithstanding see pennsylvania mimms hold motor vehicle lawfully detained traffic violation police officers may order driver get vehicle without violating fourth amendment proscription unreasonable searches seizures turn merits question presented long held touchstone fourth amendment reasonableness florida jimeno reasonableness turn measured objective terms examining totality circumstances applying test consistently eschewed rules instead emphasizing nature reasonableness inquiry thus florida royer expressly disavowed test single sentence paragraph rule recognition endless variations facts circumstances implicating fourth amendment michigan chesternut parties urged rule applicable investigatory pursuits rejected proposed rules contrary traditional contextual approach florida bostick florida adopted per se rule questioning aboard bus always constitutes seizure reversed reiterating proper inquiry necessitates consideration circumstances surrounding encounter previously rejected per se rule similar adopted ohio determining validity consent search schneckloth bustamonte argued consent valid unless defendant knew right refuse request rejected argument knowledge right refuse consent one factor taken account government need establish knowledge sine qua non effective consent thoroughly impractical impose normal consent search detailed requirements effective warning unrealistic require police officers always inform detainees free go consent search may deemed voluntary fourth amendment test valid consent search consent voluntary oluntariness question fact determined circumstances ohio held otherwise judgment reversed case remanded proceedings inconsistent opinion ordered justice ginsburg concurring judgment robert robinette traffic stop speeding violation interstate highway ohio served prelude search automobile illegal drugs robinette experience uncommon ohio ohio related sheriff deputy detained robinette speeding asked robinette permission search vehicle drug interdiction patrol time ohio deputy testified robinette case routinely requested permission search automobiles stopped traffic violations ibid according deputy testimony another prosecution requested consent search traffic stops year robinette arrest state retherford ohio app dism ohio unique vantage point ohio courts observed traffic stops state regularly giving way contraband searches characterized consensual even officers reason suspect illegal activity one ohio appellate noted undreds perhaps thousands ohio citizens routinely delayed travels asked relinquish uniformed police officers right privacy automobiles luggage sometimes better reason provide officer opportunity practice drug interdiction technique ohio app omitted background ohio determined announced robinette case federal state constitutional rights ohio citizens secure persons property called protection instruction state police officers officer wishing engage consensual interrogation motorist conclusion traffic stop must first tell motorist free go ohio described need rule way transition detention consensual exchange seamless untrained eye may notice occurred people believe validly police officer custody long officer continues interrogate police officer retains upper hand accouterments authority officer lacks legal license continue detain unknown citizens reasonable person feel free walk away officer continues address legality consensual encounters police citizens preserved believe legality used police officers turn routine traffic stop fishing expedition unrelated criminal activity fourth amendment federal constitution section article ohio constitution exist protect citizens unreasonable interference liberty ohio write separately however seems improbable ohio understood rule federal constitution mandate nation whole state free matter law impose greater restrictions police activity holds necessary upon federal constitutional standards oregon hass ordinarily state high grounds rule criminal procedure federal constitution thereby signals view nation constitution require rule given decisions cases schneckloth bustamonte florida bostick however suspect ohio may homed implication ordinarily drawn state reliance federal constitution words question whether ohio thought strict rule announced rule governance police conduct miami county ohio also miami florida rule seems prophylactic measure much extracted text constitutional provision crafted ohio reduce number violations textually guaranteed rights miranda arizona announced similarly motivated rule minimal national requirement without suggesting text federal constitution required precise measures opinion set forth see constitution necessarily requir adherence particular solution problems associated custodial interrogations see also oregon elstad miranda exclusionary rule sweeps broadly fifth amendment although parts fall within domain ohio similarly situated declare prophylactic rules governing conduct officials ohio command police forces sister ease today disposes federal leg ohio decision strengthens impression ohio saw rule measure made ohio designed reinforce state right people secure unreasonable searches seizures ohio syllabus opinion however ambiguous long existence ambiguity regarding federalor basis state decision trigger jurisdiction long governs even things considered plausible reading state decision may state regard federal constitution alone sufficient basis ruling compare arizona evans slip slip ginsburg dissenting incumbent state therefore determines state laws call protection complete federal constitution demands clear ultimate reliance state law similarly state announcing new legal rule arguably derived federal state law definitively render state law adequate independent ground decision simple declaration effect recent montana opinion scope individual privilege includes declaration devoted considerable time lengthy discussion application fifth amendment constitution noted holding also based separately independently defendant right remain silent pursuant article ii section montana constitution state fuller mont cert denied remand ohio may choose clarify instructions officers ohio find adequate independent support state law issuing instructions endeavored state dispositively law applicable ohio see evans slip ginsburg dissenting avoid misunderstanding ohio must speak clarity sought require state police officers efficacy endeavor safeguard liberties ohioans without disarming state police tested precise way federalism designed work see kaye state courts dawn new century common law courts reading statutes constitutions rev linde first things first rediscovering bills rights balt rev justice stevens dissenting holding today narrow federal constitution require lawfully seized person advised free go consent search recognized voluntary agree holding given reading opinion ohio also agree appropriate limit review answering sole question presented state certiorari petition read state opinion however prophylactic rule announced second syllabus intended guide decision future cases rather explanation decision case therefore affirm judgment ohio correctly held respondent consent search vehicle product unlawful detention moreover important emphasize nothing federal state requiring law enforcement officers give detained motorists advice mandated ohio facts give rise two questions law whether respondent still detained one question asked whether detention unlawful opinion ohio appellate ohio correctly answered questions ohio correctly relied upon mendenhall stated person seized within meaning fourth amendment view circumstances surrounding incident reasonable person believed free leave opinion stewart see michigan chesternut noting since embraced test see also florida bostick applying variant approach ohio appeals applied similar analysis see app pet cert several circumstances support ohio courts conclusion reasonable motorist respondent shoes believed obligation answer one question simply walk away officer get back car drive away question sought answer get gone addition facts respondent detained received advice free leave standing front television camera response official command inconsistent assumption reasonably believe duty respond ohio surely correct stating people believe validly police officer custody long officer continues interrogate police officer retains upper hand accouterments authority officer lacks legal license continue detain unknown citizens reasonable person feel free walk away officer continues address ohio moreover objective matter fair presume drivers stopped speeding hurry get destinations drivers interest prolonging delay occasioned stop engage idle conversation officer much less allow potentially lengthy search also assume carrying interest preserving privacy vehicles possessions prying eyes curious stranger fact particular officer successfully used similar method obtaining consent search roughly times one year state retherford ohio app dism ohio indicates motorists generally respond manner contrary repeated decisions ordinary citizens surrender interest satisfactorily explained hypothesis assumption believed legal duty ohio therefore entirely correct presume first syllabus preceding opinion continued detention issue ohio ohio appeals reached similar conclusion response state contention robinette free go time consent sought reviewing reasonable person robinette position believe investigative stop concluded free go long police officer continuing ask investigative questions app pet cert read ohio opinions determinations independent rule criticized majority see reason disturb first syllabus ohio also answered question whether officer continued detention respondent lawful unlawful see ante although possible ambiguity use word motivation ohio explanation traffic officer continued detention respondent illegal seizure first syllabus otherwise correct statement relevant federal rule well relevant ohio rule points opinion matter federal law subjective motivation officer determine legality detention assume learned judges sitting ohio well aware proposition construe syllabus generously replacing ambiguous term motivation behind term justification order make syllabus unambiguously state correct rule federal law amended controlling proposition federal law reads justification police officer continued detention person stopped traffic violation related purpose original constitutional stop continued detention based articulable facts giving rise suspicion separate illegal activity justifying extension detention continued detention constitutes illegal seizure ohio time prior search respondent vehicle articulable facts give rise reasonable suspicion separate illegal activity justify detention see sharpe terry ohio objective matter inexorably follows officer completed task either arresting reprimanding driver speeding car continued detention person constituted illegal seizure holding ohio entirely consistent federal law proper disposition follows application law held florida royer consent obtained illegal detention ordinarily ineffective justify otherwise invalid search see also florida bostick noting consent given course unlawful seizure results search must suppressed tainted fruit dunaway new york brown illinois cf wong sun robinette consent search product unlawful detention consent tainted illegality ineffective justify search royer plurality opinion therefore affirm judgment ii rule federal law precludes ohio requiring police officers give citizens warnings help understand whether valid traffic stop come end help judges decide whether reasonable person felt free leave circumstances issue given case previously observed anything federal constitution prohibits state giving lawmaking power courts minnesota clover leaf creamery dissenting opinion thus far concerned whether ohio acts one branch government another power enforce warning rule may adopt rules executive action moreover recognize warning rules provide benefits law enforcement profession courts well public agree function pass judgment wisdom rules accordingly concluded judgment ohio affirmed thus dissent disposition case full accord conclusion federal constitution neither mandates prohibits warnings prescribed ohio whether practice followed ohio matter ohio lawmakers decide footnotes respondent amici ask us take opportunity depart michigan long persuaded argument two terms ago see arizona evans reaffirm long presumption formerly ohio reluctant use ohio constitution extend greater protection rights civil liberties ohio citizens usually taken advantage opportunities us ohio constitution independent source constitutional rights arnold cleveland ohio recently however state high declared ohio constitution document independent force long state courts provide least much protection provided interpretation federal bill rights state courts unrestricted according greater civil liberties protections individuals groups syllabus whether fourth amendment constitution requires police officers inform motorists lawfully stopped traffic violations legal detention concluded subsequent interrogation search found consensual pet cert part crucial portions exchange videotaped recording part record see ohio learned commentator expressed agreement point see lafave search seizure section ed supp given fact defendant quite clearly seized car pulled return credentials hardly manifests change status immediately followed interrogation concerning criminal activity see also ibid approving ohio analysis case indicated much past see berkemer mccarty certainly motorists feel free either disobey directive pull leave scene traffic stop without told might though search appear particularly intrusive may always see brief american civil liberties union et al amici curiae indeed holding florida jimeno allowing police open closed containers context automobile consent search consent reasonably understood extend particular container ensures many motorists wind consenting far broader search might imagined see objection police rule requiring police seek consent search containers well automobile prevent exploiting ignorance citizen simply anticipate consent search car understood authorize police rummage packages marshall dissenting ordinarily syllabus precedes ohio opinion rather opinion law case cassidy glossip ohio see migra warren city school dist bd ohio gallagher indeed first paragraph ohio opinion clearly indicates rule meant apply future cases ohio first explained find search invalid since product unlawful seizure ohio st proceed point also use case establish test ibid cf florida royer plurality opinion investigative detention must temporary last longer necessary effectuate purpose stop stop inquiry must reasonably related scope justification initiation quoting terry ohio since reviews judgments opinions chevron natural resources defense council ohio holding robinette continued seizure illegal grounds provides sufficient basis affirming judgment writing plurality justice white explained statements given period illegal detention inadmissible even though voluntarily given product illegal detention result independent act free defendant royer illegally detained consented search result plurality agreed consent tainted illegality ineffective justify search concurring result justice brennan agreed much plurality decision diverging grounds see justice brennan agreement narrow principle represents holding see marks indeed indicated florida bostick fact defendant explicitly advised refuse give consent relevant question whether seized time consent sought cases stressed importance similar advice circumstance supporting conclusion consent search voluntary see schneckloth bustamonte mendenhall cf washington chrisman consent search voluntary defendant consented writing advised consent must voluntary absolute right refuse consent informed brief amicus curiae filed americans effective law enforcement warning may good police practice indeed amicus knows many law enforcement agencies among constituents routinely incorporated warning fourth amendment consent forms use field precisely practice constitutional imperative officer includes warning request consent undoubtedly presents stronger case finding voluntariness suppression hearing suggest agencies officers otherwise know instructors many police training programs leading universities management institutes routinely recommend warnings sound practice likely bolster voluntariness consent search conduct law enforcement training programs national level many speakers made point brief americans effective law enforcement amicus curiae