{"id":4593,"date":"2011-01-11T14:24:54","date_gmt":"2010-08-28T00:05:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-27T18:06:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4593","title":{"rendered":"CA8: Consent to search the person includes the pockets, not just what’s in his hands"},"content":{"rendered":"

Consent to search a person includes his pockets, not just what he was carrying. United States v. Dinwiddie<\/a>, 618 F.3d 821 (8th Cir. 2010):<\/p>\n

Dinwiddie was observed exiting a house to which a controlled delivery of drugs had just been made. He was observed carrying what appeared to be a packing slip from the just completed drug delivery. Police officers approached him and asked him if he would consent to a search of his person. He agreed. In this context, a reasonable person would have understood his consent to include his pants pocket and the recently observed packing slip therein.<\/p>\n

Dinwiddie disagrees, relying upon language in Siwek to argue that the scope of his consent was limited to the objects about which he was just questioned–weapons and drugs. At issue in Siwek was whether consent to an automotive search included \u201cany part of the truck\u201d where the contraband that the defendant had just been questioned about might be stored. 453 F.3d at 1085. Siwek did not hold that the defendant’s scope of consent was necessarily limited to only the items mentioned in the predicate questioning. Id. Rather, Siwek stated that the scope of consent included a thorough search for those items. Id. Accordingly, Siwek is inapposite.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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