United States v. Watson

Nothing in the Fourth Amendment requires a warrant before an officer makes an arrest for a felony offense in a public place. Cases interpreting the Fourth Amendment have traditionally followed the common law approach, which permitted officers to make warrantless arrests that were committed in the officer’s presence. Common law permitted arrests for felonies not committed in the officer’s presence, but for which probable cause existed.

There was no evidence presented that the consent was coerced or otherwise not a product of the defendant’s free will. There were no threats of force made, nor were there any promises made to the defendant that would have flawed his judgment. The fact that the defendant was in custody is not sufficient to show coercion, though it may be a factor. However, the defendant’s consent was given on a public street, after he had been given Miranda warnings, not in the confines of a police station. There was no evidence that the defendant was mentally deficient or unable to exercise his free choice, nor was there evidence that the defendant was a “newcomer to the law.” Based on the totality of the circumstances, his consent was voluntarily given.