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N.D.Iowa: Consent to search car included easily removed panels inside

By John Wesley Hall, Jr.

Officer’s finding of a screwdriver apparently used to remove car panels was relevant to the scope of his consent search—the screwdriver could be used to open the panel. United States v. Braiske, 2010 U.S. Dist. LEXIS 4798 (N.D. Iowa January 21, 2010): The court finds, however, that the trooper's discovery of the screwdriver is relevant to the scope of the consent search, and shall overrule the remainder of the first Objection. While searching containers or areas where the object of the search may be present, law enforcement officers may "probe underneath the vehicle[] and open compartments that appear to be false or puncture such compartments in a minimally intrusive manner." United States v. Ferrer-Montoya, 483 F.3d 565, 568 (8th Cir...continue to full post

Full post as published by Fourth Amendment on January 23, 2010 (boomark / email).