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Schneckloth v. Bustamonte

Impact



The Bustamonte decision confirmed that the police do not have to inform people of their right to refuse a police request to search. However, the Bustamonte decision could not have been made after 1976. That year, the High Court held in Stone v. Powell that a habeas corpus petitioner may not base the petition on a Fourth Amendment search and seizure claim unless the state had failed to provide an opportunity for full and fair litigation of the issue. The Stone decision provided redemption for Justice Powell's concurring opinion in Bustamonte.



Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1973 to 1980Schneckloth v. Bustamonte - Significance, Impact