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GA: Consent to look in backpack for ID was not consent to search a flashlight inside

By John Wesley Hall, Jr.

Consent to look in defendant’s backpack for his ID did not permit the officer to unscrew the cap to a flashlight where the officer found meth. Suppression order affirmed. State v. Neese, 2010 Ga. App. LEXIS 238 (March 12, 2010). The videotape and the findings of fact from the trial court support the conclusion that defendant was probably under the influence and that was reasonable suspicion for the stop. Reed v. State, 2010 Tex. App. LEXIS 1791 (Tex. App.—Ft. Worth March 11, 2010) Police set up surveillance on defendant after an informant said she’d be carrying cocaine for sale. She got in a car and drove off not using a turn signal. Officers stopped the car and she promptly validly consented to a search of the car. State v...continue to full post

Full post as published by Fourth Amendment on March 17, 2010 (boomark / email).