“Free to Leave” is Not a Categorical Pre-Requisite for Valid Consent to Search on a Traffic Stop
When a vehicle is lawfully stopped as a result of a suspected traffic offense, there are three ways, under the Fourth Amendment, that valid consent to search can be obtained: (1) with at least reasonable suspicion of criminal activity, (2) absent reasonable suspicion of criminal activity, when the request for consent to search does not add time to the stop and (3) once the stop has concluded and the officer is engaged in a voluntary contact with the occupant(s).*
