{"id":4470,"date":"2011-01-26T01:14:29","date_gmt":"2010-07-24T07:00:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-24T07:00:24","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4470","title":{"rendered":"CA2: Consent to search for drugs includes cutting into possible containers of drugs"},"content":{"rendered":"

Where the defendant consented to a search of his vehicle for drugs, the officer did not exceed the scope of consent by cutting into a package. United States v. Baptiste<\/a>, 388 Fed. Appx. 876 (11th Cir. 2010):<\/p>\n

Permission to search an area for narcotics “may be construed as permission to search any compartment or container within the specified area where narcotics may be found,” but officers may not intentionally damage the places or things to be searched. United States v. Martinez<\/a>, 949 F.2d 1117, 1119 (11th Cir. 1992). The permissible scope of the search generally includes any area where the item in question may be found, even if the search requires “separate acts of entry or opening,” including “forcing open locked compartments or containers.” Id. at 1120-21 (consent to search warehouse reasonably included consent to search locked trunk of car parked inside it, even though police had to force it open).<\/p>\n

The officer did not exceed the scope of Baptiste’s consent by cutting into the package, because it could have contained the drugs for which Baptiste had given consent to search. See Martinez<\/a>, 949 F.2d at 1119. By that point the dog had already detected the smell of marijuana, and the officer had recognized the wrapped bundles as typical of the packaging often used by drug smugglers. Accordingly, we affirm the denial of Baptiste’s motion to suppress and we affirm his and Volcy’s convictions.\n<\/p><\/blockquote>\n

District Court\u2019s pre-Herring<\/a> order suppressing evidence is reversed and remanded for reconsideration in light of Herring<\/a>. Defendant was an absconded parolee, and one issue might be whether he had an expectation of privacy where he was hiding out equal to (or less) than what he had in his own place as a parolee. United States v. Julius<\/a>, 2010 U.S. App. LEXIS 15147 (2d Cir. June 11, 2010)*:<\/p>\n

We emphasize that Herring<\/a> should not serve as an enticement for law enforcement personnel to depart from search procedures which comply with the Fourth Amendment. Rather, Herring<\/a> requires careful consideration by district courts of whether the goal of deterring violations of the Fourth Amendment outweighs the costs to truth-seeking and law enforcement objectives in each case.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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