 Allowing consent to be withdrawn, the court reasoned, would encourage the smuggling of contraband into prisons by providing a secure escape to the smuggler.During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent.However, in "United States v. Fuentes" (1997), the court found the “[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause.”

In May 2010, the state of Colorado enacted an informed consent law requiring police to inform drivers of their right to decline a consent search.