FL3: Consent to search bedroom was solely for cell phone; search of dresser after phone was found suppressed

Defendant signed a general consent for his bedroom, but the police told him they were only looking for a stolen cell phone. After they found the cell phone, they started searching his dresser drawers and found cocaine. The search exceeded the scope of consent, and it is suppressed. Colas v. State, 2016 Fla. App. LEXIS 11437 (Fla. 4th DCA July 27, 2016).

In defendant’s plea colloquy he admitted that he consented to the search of his person that produced the evidence. Now he claims he didn’t. It was reasonable for defense counsel to conclude that a motion to suppress would not have been granted on the information that he had. Simmons v. United States, 2016 U.S. Dist. LEXIS 97190 (M.D.N.C. July 26, 2016).*

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