{"id":1596,"date":"2008-03-17T20:11:29","date_gmt":"2007-12-10T05:51:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-10T05:51:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1596","title":{"rendered":"Defendant’s general consent to search did not include shining a flashlight into his underwear"},"content":{"rendered":"

Defendant’s general consent to search did not include shining a flashlight into his underwear, a place where the officer admittedly did not expect to find any contraband. State v. Stone<\/a>, 362 N.C. 50, 653 S.E.2d 414 (2007):<\/p>\n

We conclude here that a reasonable person in defendant’s circumstances would not have understood that his general consent to search included allowing the law enforcement officer to pull his pants and underwear away from his body and shine a flashlight on his genitals. See Jimeno<\/em><\/a>, 500 U.S. at 251, 114 L. Ed. 2d at 302. Although these events occurred at 3:30 a.m., the search occurred in the parking lot of an apartment complex, as opposed to a secluded area or police station. Both Officers Correa and Herrera were present during the search. The record does not indicate that the officers asked defendant to step behind a car door, used their bodies to screen defendant from public view, or took other action to shield defendant during the search, as the officers did in Smith<\/em>. 118 N.C. App. at 109, 454 S.E.2d at 682. Nor did they ask defendant to clarify the scope of his consent. Officer Correa testified that he was “not really expecting to find anything, honestly” during his search of defendant, unlike in Smith where the officers had specific information that cocaine was hidden in the defendant’s crotch. Id.<\/em> at 112-13, 454 S.E.2d at 684. <\/p>\n

We conclude defendant’s general consent to search did not authorize the officer to employ the very intrusive measures undertaken here. In concluding otherwise and denying defendant’s motion to suppress, the trial court focused on reasonableness from the officer’s perspective, rather than on the reasonable expectations of the person in defendant’s circumstances. Jimeno<\/em>, 500 U.S. at 251, 114 L. Ed. 2d at 302 (“The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of ‘objective’ reasonableness-what would the typical reasonable person have understood by the exchange between the officer and the suspect?”).<\/p><\/blockquote>\n

Bail bond agent’s information about defendant’s status as a fugitive could be relied upon by the police as reasonable suspicion. United States v. Bourrage, 2007 U.S. Dist. LEXIS 89926 (S.D. Iowa December 5, 2007).<\/p>\n

Defendant was being watched as an expected drug deal went down, and he entered the drop point with a weighted bag and left with a lighter one. He showed up at the appointed time, and the police looked in his car window and saw what would have been packaging for cocaine in larger quantities. That was probable cause. United States v. Gonzalez-Calderon, 2007 U.S. Dist. LEXIS 89983 (D. Mass. December 3, 2007).*<\/p>\n

Defendant City and officers were entitled to summary judgment for shooting plaintiff during a SWAT entry where he could not be subdued by bean bag shots or pepper spray, and he stabbed the police dog and then attacked the canine officer with a knife. Finally, he was shot. Haugh v. City of Louisville<\/a>, 242 S.W.3d 683 (Ky. App. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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