CA3: Defendant’s brother who retrieved suitcase for defendant to protect it had standing to consent to its search

Defendant was arrested on an immigration warrant, and, while in detention, he directed his brother to retrieve a suitcase from his house. The brother opened the suitcase at home and found false ID documents. The police arrived, and the brother consented to a search and seizure with apparent authority to consent. He had an expectation of privacy in the suitcase. United States v. Al-Salibi, 385 Fed. Appx. 127 (3d Cir. 2010) (unpublished).*

The officer smelled marijuana coming from defendant’s truck pulling his travel trailer. The travel trailer was not searched based on that finding, but there were other circumstances on the totality for the search of the travel trailer, too. The government’s fall back position of inevitable discovery did not have to be considered. United States v. Ballard, 384 Fed. Appx. 358 (5th Cir. 2010) (unpublished).*

The officer’s testimony on consent is credited over the defendant’s, and the court explains its credibility determination. United States v. Stevenson, 2010 U.S. Dist. LEXIS 64377 (S.D. Ga. June 4, 2010)*:

Stevenson’s mendacious demeanor at the hearing weighs heavily against him. He was evasive, often refusing to answer straightforward questions, and he minced words when he did answer. For instance, …. Moreover, he has a track record of telling half truths. … [¶] In contrast to Stevenson’s vacillations, the officers’ testimony was consistent and clear. …