NE: Where the consenter knows that drugs are the object of the search, a general consent includes opening closed containers

Consent to search a car, given knowing that the object of the search is drugs, is consent to open closed packages within the vehicle. Here, it was a gift box. State v. Howell, 284 Neb. 559, 822 N.W.2d 391 (2012):

[7,8] These cases guide our resolution of the instant case. Lewis asked Howell if there were drugs or weapons in the vehicle immediately prior to obtaining consent to search. Thus, a reasonable person would have been on notice that Lewis was looking for drugs or weapons. The scope of a search is generally defined by its expressed object. One could reasonably expect drugs to be hidden in a closed container such as the gift-wrapped box. “A lawful search of fixed premises generally extends to the entire area in which the object of the search may be found and is not limited by the possibility that separate acts of entry or opening may be required to complete the search.” When Howell consented to a search of the vehicle, he did not place any limitation on the search. After Lewis observed the gift-wrapped box, he asked Howell to whom it belonged and whether it was “basically” Howell’s. Despite Lewis’ interest in the box, Howell did not revoke or limit his consent to search. The general rule is that when a suspect does not limit the scope of a search, and does not object when the search exceeds what he later claims was a more limited consent, an officer is justified in searching the entire vehicle. In the instant case, Lewis used a knife to cut the tape on the gift wrap and created a tear in the box as he tried to peer inside. However, the box and gift wrap were not rendered useless by the search. The tear in the generic cardboard box could be fixed with a piece of tape, and the wrapping paper could be secured to the box with another piece of tape. Under the circumstances, we conclude that the search of the box was within the scope of Howell’s consent. Thus, the district court did not err in overruling Howell’s motion to suppress the evidence.