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Officers' search defendant's car under consent to search residence exceeded scope of consent

By John Wesley Hall, Jr.

Defendant consented to a search of his residence after police seaqrched his business under a warrant. They patted him down and took his car keys and searched his car, and that exceeded his consent. State v. Torres, 2008 Ohio 2090, 2008 Ohio App. LEXIS 1796 (6th Dist. May 2, 2008). Officer found defendant walking soaking wet in the rain in a high crime area known for thefts from cars carrying a duffle bag. The officer was justifed in approaching him. United States v. Labelle, 2008 U.S. Dist. LEXIS 35999 (E.D. Tex. May 2, 2008).* Defendant was arrested outside his house and he wanted to put on a shirt. The officer could follow him in to put on a shirt, and the officer saw the unregistered firearm in plain view under Chrisman. United States v...continue to full post

Full post as published by Fourth Amendment on May 06, 2008 (boomark / email).