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IN: Consent to search for persons permits looking under a mattress

By John Wesley Hall, Jr.

Consent to search premises for persons includes allowing officers to move a mattress. Officers have found suspects hiding in hollowed out box springs before, so it was a logical place to look. Also, failure to make a trial objection after denial of a motion to suppress is a waiver of the motion in Indiana. (Here, though, the court went to the merits, too.) Scott v. State, 2010 Ind. App. LEXIS 505 (March 25, 2010). The search of defendant’s car was with reasonable suspicion, and he had a probation search condition. The trial court and court of appeals erred in suppressing. State v. Schlechty, 2010 Ind. LEXIS 208 (March 24, 2010).*

Full post as published by Fourth Amendment on March 28, 2010 (boomark / email).