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CA9: Consent to search includes a backpack in backseat

By John Wesley Hall, Jr.

General consent to search defendant’s car included a backpack in the backseat. United States v. Cruz-Castro, 2010 U.S. App. LEXIS 9023 (9th Cir. April 30, 2010) (unpublished).* A citizen complaint that the defendant threatened him with a knife while standing in a movie line was reasonable suspicion for a patdown for the knife under Terry. Harrod v. State, 2010 Md. App. LEXIS 63 (April 30, 2010).* The evidence supports the conclusion that the search warrant was issued before the search. Defendant’s affidavit in a motion to reconsider was of no effect. State v. Anderson, 2010 Ohio 1886, 2010 Ohio App. LEXIS 1564 (6th Dist. April 30, 2010).* The officer stopped defendant’s vehicle, and he could smell marijuana. Defendant’s admission that he had marijuana justified a drug dog sniff and the alert justified a search...continue to full post

Full post as published by Fourth Amendment on May 04, 2010 (boomark / email).