{"id":1954,"date":"2008-08-31T21:10:40","date_gmt":"2008-04-05T08:52:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-05T08:52:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1954","title":{"rendered":"Scope of consent issue did not need to be reached because officer had PC when touching packages of cocaine"},"content":{"rendered":"

Consent was validly obtained. While the defendant likely did not think that consent to search the trunk of his car would lead to searching sealed packages, the trained officer at least had probable cause to believe that picking up the package at issue gave him probable cause to believe that the package contained cocaine, and that justified the further search without regard to scope of consent. State v. Brown<\/a>, 2008 Tenn. Crim. App. LEXIS 249 (March 31, 2008):<\/p>\n

The appellant’s consent to search allowed Trooper Hoppe to legitimately enter the vehicle and begin a search. Consent to search a vehicle necessarily encompasses consent to at least touch items, including locked or sealed packages, contained within the vehicle. As part of the search, Trooper Hoppe picked up the taped, sealed package containing cocaine. While we agree that the appellant’s consent likely did not authorize Trooper Hoppe to tear open the heavily-taped package, we do not believe that merely picking up and feeling the outside of the package exceeded the scope of the appellant’s consent. See McCrary<\/em>, 45 S.W.3d at 44 n.3; see also Jimeno<\/em>, 500 U.S. at 251, 111 S. Ct. at 1804. Regardless, Trooper Hoppe testified that he was trained in drug interdiction. During the consensual search, Trooper Hoppe discovered the package in the front passenger floorboard of the vehicle. Trooper Hoppe testified that, simply by feeling the package, the contents of the package were inherently recognizable as a “brick” of cocaine. The trial court implicitly accredited the trooper’s testimony. Thus, the totality of the circumstances gave Trooper Hoppe probable cause to believe the object inside the package was contraband, thereby giving the trooper probable cause to open the package and discover the cocaine within. See State v. Cothran<\/em>, 115 S.W.3d 513, 524 (Tenn. Crim. App. 2003). Accordingly, the trial court correctly denied the appellant’s motion to suppress.<\/p><\/blockquote>\n

Defendant’s testimony he was denied water and kept in the back of a hot police car until he would sign consent is rejected as not credible. United States v. Zaleski, 559 F. Supp. 2d 178 (D. Conn. 2008).*<\/p>\n

The gazebo on defendant’s property was outside a fence line and not on the curtilage. United States v. Tilden, 2008 U.S. Dist. LEXIS 26123 (D. Ariz. February 28, 2008).*<\/p>\n

Probable cause to arrest and to search are different concepts and protect different interests. This case involved a search for alien smuggling and sex trafficking evidence, and his home was the logical place to look. United States v. Gereb, 547 F. Supp. 2d 658 (W.D. Tex. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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