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D.Kan.: Consent to search a car includes removing parts removable without tools

By John Wesley Hall, Jr.

Consent to search includes removing easily removable parts to a car that can be reattached without tools. Officers here also had probable cause to believe the vehicle had a hidden compartment. United States v. Gutierrez, 2010 U.S. Dist. LEXIS 30835 (D. Kan. March 30, 2010).* Defendant was parked, and an unmarked car pulled up along side and then parked and the officers got out to talk to him. The officers asked for his DL. He was not stopped at this point. (“They did not order the occupants of the vehicle to do anything except produce a driver's license, registration, and proof of insurance, which they were entitled to do under Drayton. See id. Because there was no seizure, the officers did not violate the Fourth Amendment.” [Oh, come on...continue to full post

Full post as published by Fourth Amendment on April 02, 2010 (boomark / email).