The court found that the defendant granted a general consent to search his validly stopped car for drugs, and that permitted a search of any container in which drugs would be found. United States v. Burnett, 2007 U.S. Dist. LEXIS 68218 (E.D. Ark. September 13, 2007):<\/p>\n
As for the scope of the search, immediately before Burnett gave his consent, Coleman asked him whether he was transporting drugs or guns, and Burnett answered, “No.” Accordingly, it was objectively reasonable for Coleman to believe that Burnett’s consent extended to any area or container where drugs or guns might be stored. See Florida v. Jimeno<\/em>, 500 U.S. 248, 251-52 (1991)(consent to search car included consent to search containers that might hold drugs).<\/p>\n
Furthermore, before Coleman cut the money bag with a knife, he asked Burnett if he had the key, and Burnett replied “No.” Burnett voiced no objection to Coleman cutting the bag, and it was objectively reasonable for Coleman to believe that cutting the bag was within the scope of consent. See U.S. v. Siwek<\/em>, 453 F.3d 1079, 1086 (8th Cir. 2006) (“Siwek argues that he effectively withdrew any consent to search the truck bed when he informed Goltz that he lacked the key to the tonneau cover. We do not agree that this statement amounts to a withdrawal of consent to search, which can only be accomplished by an unequivocal act or statement.”).<\/p><\/blockquote>\n
Court finds that probable cause for child porn at defendant’s house was lacking. The defendant was accused of being a child molester, and the uncle of one of the alleged victims said that the child told him that the defendant had pictures at home of nude children. This made it into the affidavit, but there was no reference to time. Because of this, the court determined that there was no probable cause for the warrant for child porn in the house. The good faith exception, however, was enough to save the search because there was no contention that the affidavit was facially deficient. United States v. Doyle, 2007 U.S. Dist. LEXIS 68228 (W.D. Va. September 14, 2007). (Comment:<\/em> Based on other cases, the court could, and maybe should, have found that there was, in fact, probable cause because time in child pornography cases is extremely flexible because child porn is likely to be kept for a long time.)<\/p>\n","protected":false},"excerpt":{"rendered":"
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