You may make such a request whether or not you suspect the person of engaging in criminal conduct. Note that the statement may be oral, written, or even a nod of the head. If, however, the suspect refuses to sign a form but gives you oral consent to search, you may conduct the search. Thus, if you stop a vehicle for speeding, the driver may consent to a search of the vehicle even though the registered owner is not in the car. If the driver refuses consent, you may obtain consent from the registered owner, and the driver's refusal to consent can be ignored.
Persons have a right to refuse as well as to give consent.
Refusal to give consent is not in and of itself a criminal offense and, standing alone, does not justify the further detention of a person or her vehicle. The issue in Robinette is whether law enforcement officers have an obligation to let motorists know that they have a right to drive away before being asked for consent to search. Robinette was stopped for speeding. The deputy sheriff ordered Robinette out of his car, ran a warrant check, and then gave the license back with only a warning to slow down. Controlled substances were found, and Robinette was arrested.