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Criminal Law

: Fourth Amendment

CA9: Parole search of defendant's belongings in a U-Haul truck was valid

By John Wesley Hall, Jr.

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A parole search of defendant’s belongings in a U-Haul truck was subject to the parolee’s control at the time where he was following the truck in a car and all his possessions were in it. The officer had probable cause to believe defendant was still “in control” of the truck, even though he wasn’t driving it. United States v. Smith, 2011 U.S. App. LEXIS 6489 (9th Cir. March 28, 2011) (unpublished). The “facts available to the officer” clearly established that the consenter had apparent authority to consent to a search of the property. The officer knew that the consenter owned the house. United States v. Ammons, 2011 U.S. App. LEXIS 6453, 2011 FED App. 0190N (6th Cir. March 28, 2011) (unpublished).* Reasonable suspicion is subject to the collective knowledge doctrine...continue to full post

Full post as published by Fourth Amendment on April 01, 2011 (boomark / email).