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CA2: Consent to search for drugs includes cutting into possible containers of drugs

By John Wesley Hall, Jr.

Where the defendant consented to a search of his vehicle for drugs, the officer did not exceed the scope of consent by cutting into a package. United States v. Baptiste, 2010 U.S. App. LEXIS 15017 (11th Cir. July 21, 2010) (unpublished): Permission to search an area for narcotics "may be construed as permission to search any compartment or container within the specified area where narcotics may be found," but officers may not intentionally damage the places or things to be searched. United States v. Martinez, 949 F.2d 1117, 1119 (11th Cir. 1992). The permissible scope of the search generally includes any area where the item in question may be found, even if the search requires "separate acts of entry or opening," including "forcing open locked compartments or containers...continue to full post

Full post as published by Fourth Amendment on July 24, 2010 (boomark / email).