IA: Def’s consent to patdown for weapons wasn’t consent to open container that could not have contained a weapon

Defendant consented to a patdown for weapons. Removing an object and opening it that couldn’t be holding a weapon exceeded the consent. State v. Hampton, 2019 Iowa App. LEXIS 108 (Feb. 6, 2019).

The evidence the police gathered showed that defendant was likely attempting to make child pornography by getting his 12 year old son to have sex with a minor so he could record it. They also had evidence that defendant apparently admitted having some child pornography on his computer. There was probable cause, but, even if not, the good faith exception allowed the search warrant obtained evidence to be admissible. United States v. Evans, 2019 U.S. Dist. LEXIS 18981 (E.D. Mich. Feb. 6, 2019).*

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