{"id":12216,"date":"2014-06-25T07:47:19","date_gmt":"2014-06-25T12:47:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12216"},"modified":"2014-06-25T08:32:36","modified_gmt":"2014-06-25T13:32:36","slug":"nd-male-drivers-consent-doesnt-extend-to-passengers-purse-in-a-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12216","title":{"rendered":"ND: Male driver’s consent doesn’t extend to female passenger’s purse in a car"},"content":{"rendered":"

The driver of the car was male, and he granted consent to search the car. It was unreasonable for the officer to believe that that consent extended to the woman passenger\u2019s purse. State v. Daniels<\/a>, 2014 ND 124, 2014 N.D. LEXIS 123 (June 24, 2014):<\/p>\n

[\u00b618] In this case, the purse belonged to Daniels. According to testimony given at the evidentiary hearing, the driver never had permission to use Daniels’ purse, and Daniels never gave the driver authority to consent to a search of her purse. Thus, the driver had no actual authority, either exclusive or common authority, over the purse. Further, the deputy testified that he saw Daniels retrieve her identification “[f]rom her purse.” The deputy knew that Daniels had been sitting in the front passenger’s seat. When conducting his search, the deputy found Daniels’ purse on the floorboard in front of the passenger’s seat, where Daniels had been sitting. It was not just a possibility that the purse belonged to someone other than the driver; the deputy knew the purse belonged to Daniels.<\/p>\n

[\u00b619] Based on these facts, we conclude no reasonable person would have understood the driver’s consent to the search of the vehicle to extend to a purse left in the vehicle, which the officer knew belonged to a third party. It would have been objectively reasonable for the deputy to obtain Daniels’ consent to search the purse. Although this requirement may pose an additional burden to law enforcement searching vehicles under the consent exception to the search warrant requirement, it is a justified burden. A warrantless search based solely on consent pits fundamental constitutional protections against an utter lack of legal justification for the search. It is expedient to narrow the scope of such searches and to require additional consent to search constitutionally protected areas that a reasonable person would understand did not fall within the scope of the original consent.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The driver of the car was male, and he granted consent to search the car. It was unreasonable for the officer to believe that that consent extended to the woman passenger\u2019s purse. State v. Daniels, 2014 ND 124, 2014 N.D. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,59],"tags":[],"class_list":["post-12216","post","type-post","status-publish","format-standard","hentry","category-consent","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12216"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12216\/revisions"}],"predecessor-version":[{"id":12223,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12216\/revisions\/12223"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12216"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}