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E.D.Pa.: Owner of house could consent to search of another's unlocked suitcase left in her own bedroom closet

By John Wesley Hall, Jr.

The owner of a house had actual authority to consent to a search of an unlocked suitcase of another that she let be stashed in her closet because she had control over it. She consented after a threat to get a search warrant, but it was stating the obvious, so it was not unreasonably coercive. United States v. Cruz, 2010 U.S. Dist. LEXIS 39999 (E.D. Pa. April 23, 2010).* The officer had reasonable suspicion to stop defendant’s car for improper display of its temporary tag in the back window, which could not be seen until standing right behind the car. United States v. Jones, 2010 U.S. Dist. LEXIS 40006 (N.D. Ohio April 7, 2010).* Inevitable discovery did not support the search of defendant’s person under an alleged routine procedure...continue to full post

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