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CA: Parole search of driver's car could not include passenger's purse

By John Wesley Hall, Jr.

Passenger's purse left in car could not be searched just because the driver of the car was on parole and the officer wanted to conduct a parole search of the car. Viewed as pre-consent to a search, it is limited to that which the parolee has apparent authority over, and he had no apparent authority over the passenger's purse. People v. Baker, 2008 Cal. App. LEXIS 1055 (5th Dist. July 15, 2008). Inventory was not completely in accord with the law, but close is good enough. Jackson v. State, 2008 Ind. App. LEXIS 1465 (July 11, 2008): In the end, we conclude that the inventory search of the car did not violate Jackson's rights under the Fourth Amendment. The towing of the car was authorized by statute and by police policy, and the inventory of the vehicle was similarly authorized by established police policy...continue to full post

Full post as published by Fourth Amendment on July 16, 2008 (boomark / email).