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Consent to search premises includes containers with false bottoms

By John Wesley Hall, Jr.

Consent to search included a container which was discovered to have a false bottom. Defendant cites no authority that this search went beyond the scope of consent. United States v. Duncan, 2008 U.S. Dist. LEXIS 57792 (S.D. Fla. July 15, 2008).* Officers came upon a group of men in a high crime area known for years from drug dealing, and they could smell marijuana. Defendant separated himself from the group and left, and they had reasonable suspicion for his stop. United States v. Walters, 2008 U.S. Dist. LEXIS 58727 (D. V.I. August 4, 2008): Moreover, while the officers did not specifically observe Walters smoking marijuana or throwing marijuana paraphernalia to the ground, the Court is convinced that Walters' unilateral separation from the group by walking away and spontaneous statements, discussed below, gave the officers whatever particularized suspicion Walters urges is necessary...continue to full post

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