{"id":3573,"date":"2010-09-04T09:05:53","date_gmt":"2009-11-28T09:18:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-28T09:18:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3573","title":{"rendered":"DC: Handing over pill bottle when defendant was asked if she had drugs was implicit consent to search it"},"content":{"rendered":"<p>When asked whether defendant had any \u201cguns, drugs, or narcotics\u201d she handed over a pill bottle.  That was implicit permission to search it.  <a href=\"http:\/\/www.dcappeals.gov\/dccourts\/appeals\/pdf\/07-CM-1399_MTD.PDF\">Brown v. United States<\/a>, 2009 D.C. App. LEXIS 600 (November 25, 2009).*<\/p>\n<p>Defense counsel filed an Anders brief, and defendant claimed in his brief that defense counsel was ineffective for not challenging the search warrant. While that was not the time nor place to first challenge the search warrant on that ground, it was apparent from the record that the warrant was valid. State v. Johnson, 28 So. 3d 1125 (La. App. 5th Cir. 2009).*<\/p>\n<p>The search of defendant\u2019s car was valid as an inventory and search incident was not an issue. On appeal, defendant sought to expand his argument that the inventory did not follow standardized procedures, but that argument was not made below and could not be made now. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/NMCA\/2009\/09ca-127.pdf\">State v. Lopez<\/a>, 2009 NMCA 127, 223 P.3d 361 (2009), certiorari denied, State v. Lopez, 224 P.3d 1257 (N.M., Oct. 6, 2009).*<\/p>\n<p>A search warrant for drugs permitted a search of defendant\u2019s purse when she was living there. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20091125\/9-836.pdf\">State v. Barbosa-Quinones<\/a>, 2009 Iowa App. LEXIS 1562 (November 25, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3573\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3573","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3573","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3573"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3573\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3573"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3573"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3573"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}