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Giving duffle bags to another for transport is a waiver of expectation of privacy in them

By John Wesley Hall, Jr.

Defendant's own testimony gave duffle bags with drugs to another to carry them, and that gave the other the the ability to consent to a search. Gamez v. United States, 2008 U.S. Dist. LEXIS 23219 (D. Utah March 21, 2008).* Defendant consented to a search of his trunk. He was subjected to a patdown because of his excessive nervousness and admitted to having a shotgun in the trunk. "After completing the pat down search, Officer Vennard asked defendant if he could see the shotgun, and defendant responded 'go ahead. It's in the trunk.'" He was not under arrest, and, within the context of the totality of circumstances, this was consent. United States v. Derverger, 2008 U.S. Dist. LEXIS 22990 (N.D. N.Y. March 24, 2008).* "By disclaiming any ownership interest in the vehicle, [the defendant] voluntarily abandoned his ownership interest in the Impala prior to the search, and thus, did not have a reasonable expectation of privacy in the vehicle at the time of the search...continue to full post

Full post as published by Fourth Amendment on March 27, 2008 (boomark / email).