# Schneckloth v. Bustamonte > Supreme Court of the United States · May 29, 1973 · 412 U.S. 218 URL: https://www.frixlaw.com/law-library/cases/9425315 ## Case - **Full name:** Schneckloth, Conservation Center Superintendent v. Bustamonte - **Court:** Supreme Court of the United States - **Decided:** May 29, 1973 - **Citations:** 412 U.S. 218; 93 S. Ct. 2041; 36 L. Ed. 2d 854; 1973 U.S. LEXIS 6 - **Precedential status:** Published - **Opinion:** Concurrence by Blackmun - **Judges:** Stewart, Burger, White, Blackmun, Powell, Rehnquist, Blacicmun, Douglas, Brennan, Marshall - **Cited by:** 10,411 later opinions in the Frix Law Library ## Citator (automated) - **Yellow flag:** Questioned by State of Arizona v. Francisco L Encinas Valenzuela, 239 Ariz. 299 (2016). - Negative treatments: 1 - Distinguished by: 1 - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9425315 ## How later opinions describe it (automated extraction) - holding that a search “conducted without a warrant issued upon probable cause is per se unreasonable... subject only to a few specifically established and well-delineated exceptions” and that “one of the specifically established exceptions to the requirements of both a warrant… - stating that if a defendant’s confession is not “ ‘the product of an essentially free and unconstrained choice by its maker’ ” and “ ‘if his will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process’ ” (q… - stating that if a defendant's confession is not "`the product of an essentially free and unconstrained choice by its maker'" and "`if his will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process'" (quoti… - holding that “knowledge of a right to refuse [consent] is not a prerequisite of a voluntary consent” and noting that “[a]lmost without exception, the requirement of a knowing and intelligent waiver has been applied only to those rights which the Constitution guarantees to a cr… - stating that, in the context of an automobile search, “if under all circumstances it has appeared that the consent was not given voluntarily — that it was coerced by threats or force, or granted only in submission to a claim of lawful authority — then we have found the consent… ## Opinion text Mr. Justice Blackmun, concurring. I join the Court’s opinion and its judgment. At the time Kaufman v. United States, 394 U. S. 217 (1969), was decided, I, as a member of the Court of Appeals (but not of its panel) whose order was there reversed, found myself in agreement with the views expressed by Mr. Justice Harlan, writing for himself and my Brother Stewart in dissent. Id., at 242 . My attitude has not changed in the four years that have passed since Kaufman was decided. Although I agree with nearly all that Mr. Justice Powell has to say in his detailed and persuasive concurring opinion, post, p. 250, I refrain from joining it at this time because, as Mr. Justice Stewart’s opinion reveals, it is not necessary to reconsider Kaufman in order to decide the present case. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9425315. Public record. Not legal advice.