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MO: Defendant gave consent for officers to enter to look for marijuana pipe; consent was not limited

By John Wesley Hall, Jr.

Police did a knock-and-talk on defendant's house, but she declined entry. After talking to her for a few minutes, they talked her into letting them to look for a marijuana pipe for which they would only write a ticket. She wanted to go get it alone and leave them outside, but they insisted on coming along to protect against destruction of evidence [which had not yet been revealed]. In the bedroom she produced the pipe, but the officer insisted on searching the dresser drawers for marijuana. She relented. The consent was valid and not limited up to that point. State v. Allen, 2009 Mo. App. LEXIS 283 (February 5, 2009)*: An objective observer would find that the officers entered the apartment to ensure their safety and prevent the destruction of the marijuana pipe and only asked for consent to search additional areas of the apartment as the circumstances changed...continue to full post

Full post as published by Fourth Amendment on March 17, 2009 (boomark / email).