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CA7: General consent to search of a car includes prying up the rocker panels

By John Wesley Hall, Jr.

General consent includes prying up the rocker panel to look underneath. Moreover, standing by while it is happening, assuming he was, and not objecting was consent itself. United States v. Calvo-Saucedo, 2011 U.S. App. LEXIS 2308 (7th Cir. February 4, 2011) (unpublished): Moreover, even if Calvo could not see Officer Thebeau's search, lifting the molding was within the scope of Calvo's initial consent. When a person is informed that an officer is looking for drugs in his car and he gives consent without explicit limitation, the consent permits law enforcement to search inside compartments and containers within the car, so long as the compartment or container can be opened without causing damage. See Florida v. Jimeno, 500 U.S. 248, 251-52, 111 S...continue to full post

Full post as published by Fourth Amendment on February 08, 2011 (boomark / email).