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Criminal Law

: Fourth Amendment

General consent includes a locked toolbox

By John Wesley Hall, Jr.

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General consent to search a vehicle includes consent to search a locked toolbox the same as a trunk. Also relevant to consent is the defendant's failure to object. State v. Rathjen, 16 Neb. App. 799, 2008 Neb. App. LEXIS 132 (June 17, 2008).* Officers blocked the defendant's path with their car, and that was a stop. The CI in this case provided information to the police for a year which had proved reliable, and the defendant was to deliver to the CI. The CI was proved sufficient reliable by observation. State v. Abernathy, 2008 Ohio 2949, 2008 Ohio App. LEXIS 2453 (4th Dist. June 6, 2008).*

Full post as published by Fourth Amendment on June 23, 2008 (boomark / email).

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