{"id":4998,"date":"2011-02-01T08:14:29","date_gmt":"2010-12-18T12:54:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-18T12:54:16","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4998","title":{"rendered":"CA8: Officer’s questions before consent essentially defined scope of consent"},"content":{"rendered":"

Probable cause was found: \u201cThe magistrate judge identified several \u2018suspicious circumstances\u2019 giving the troopers probable cause to believe drug contraband would be found in the minivan: (1) Braiske\u2019s signs of nervousness, including shaking hands, labored breathing, a visible pulse in his neck, and the development of red blotches on his face; (2) Mayo\u2019s extreme nervousness, including heavy breathing, sweating, a visible pulse in his neck, and avoidance of eye contact; (3) Braiske and Mayo\u2019s contradictory statements about their travel history; (4) Braiske\u2019s significant criminal history of drug related offenses; and (5) trooper Andrews\u2019s discovery of two bindles consistent with drug packaging in plain view. The district court agreed and concluded that \u2018the items recovered during the search are admissible under the automobile exception.\u2019\u201d This is supported by the evidence. United States v. Mayo<\/a>, 627 F.3d 709 (8th Cir. 2010):<\/p>\n

In United States v. Ferrer-Montoya, we held that when a defendant gives his consent to search a vehicle, officers may \u201csearch containers within that car which might bear drugs, probe underneath the vehicle, and open compartments that appear to be false, or puncture such compartments in a minimally intrusive manner.\u201d 483 F.3d 565, 568 (8th Cir. 2007) (per curiam) (citations omitted). Though Braiske initially only consented to a \u201creal quick\u201d search of the minivan, he then clarified his answer by telling Andrews that, \u201cyes,\u201d he could \u201cgo ahead\u201d and search the minivan. As we held in Ferrer-Montoya, we conclude that a \u201ctypical reasonable person\u201d would have understood Andrews to be asking to search the entire minivan for drugs, including behind the door\u2019s interior panels, and that Braiske\u2019s answer authorized such a search. Because Andrews and his colleagues opened those panels in a minimally intrusive manner and because Braiske at no time objected or attempted to withdraw his consent, we conclude that the district court did not clearly err in finding that the officers\u2019 search of the minivan did not exceed the scope of Braiske\u2019s consent.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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