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Scope of consent issue did not need to be reached because officer had PC when touching packages of cocaine

By John Wesley Hall, Jr.

Consent was validly obtained. While the defendant likely did not think that consent to search the trunk of his car would lead to searching sealed packages, the trained officer at least had probable cause to believe that picking up the package at issue gave him probable cause to believe that the package contained cocaine, and that justified the further search without regard to scope of consent. State v. Brown, 2008 Tenn. Crim. App. LEXIS 249 (March 31, 2008): The appellant's consent to search allowed Trooper Hoppe to legitimately enter the vehicle and begin a search. Consent to search a vehicle necessarily encompasses consent to at least touch items, including locked or sealed packages, contained within the vehicle. As part of the search, Trooper Hoppe picked up the taped, sealed package containing cocaine...continue to full post

Full post as published by Fourth Amendment on April 05, 2008 (boomark / email).