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FL2: Driver's consent to search inevitably but lawfully results in detention of passengers for the duration of the search

By John Wesley Hall, Jr.

Consent given by a driver with passengers in the car lawfully resulted in that detention of the passengers while the search occurred. The officer’s comment that he was arresting everybody unless somebody claimed it resulted in defendant’s admission that he would “take the rap” was a Miranda violation. England v. State, 2010 Fla. App. LEXIS 15898 (Fla. App. 2d DCA October 20, 2010).* Farmer was accused of sale of counterfeit goods, and a seizure of the goods led to a seizure of drugs. He pled to the latter, and the counterfeit goods charge was dismissed. He was entitled to return of the goods because the seizure was not supported by a post-deprivation hearing. Farmer v. Florence County Sheriff’s Office, 2010 S.C...continue to full post

Full post as published by Fourth Amendment on October 25, 2010 (boomark / email).