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Defendant who was lost and drove up to a Naval Air Station gate was subject to search by implied consent

By John Wesley Hall, Jr.

Defendant claimed he was lost and drove up to the gate of the Pensacola Naval Air Station for directions. The guard at the gate detected alcohol and got the defendant out for a field sobriety test. Defendant may not have intended to enter the base, but, by presenting himself at the gate after having passed several signs saying that cars were subject to search as he approached, he was subject to being searched at that point. United States v. Rountree, 2008 U.S. Dist. LEXIS 80456 (N.D. Fla. September 17, 2008).* Plaintiff who had been barred from a county courthouse had limited permission to enter, this time for a police union meeting. He was briefly detained at the door until his ability to enter was verified, and this did not violate his Fourth Amendment rights...continue to full post

Full post as published by Fourth Amendment on October 14, 2008 (boomark / email).