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Matlock applies to vehicle searches; here a taxicab

By John Wesley Hall, Jr.

Defendant was under surveillance and was seen retrieving a gun from behind bushes and getting into a taxicab which he had called. The cab changed lanes without signaling and the officer pulled it over. He got the passenger out and got consent from the driver. While defendant had a reasonable expectation of privacy in the cab, the court finds that Matlock on apparent authority to consent applies to taxicabs. The gun was found hidden under the floor mat. That showed defendant believed he had a reasonable expectation or privacy, but the cab driver had apparent authority to permit a search of the common interior. United States v. Harris, 2008 U.S. App. LEXIS 9814 (11th Cir. May 8, 2008) (Matlock previously applied to a vehicle in United States v...continue to full post

Full post as published by Fourth Amendment on May 09, 2008 (boomark / email).