{"id":55056,"date":"2023-06-04T19:28:31","date_gmt":"2023-06-05T00:28:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55056"},"modified":"2023-06-04T19:28:31","modified_gmt":"2023-06-05T00:28:31","slug":"wa-driver-couldnt-consent-to-search-of-passengers-backpacks","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55056","title":{"rendered":"WA: Driver couldn&#8217;t consent to search of passenger&#8217;s backpacks"},"content":{"rendered":"\n<p>Defendant was in a car that was stopped for a traffic offense. He had warrants and he tried to flee the scene, but didn\u2019t get far. In the car were his backpacks. The driver consented to a search of the car. His consent did not extend to the backpacks because defendant retained a reasonable expectation of privacy in them under settled case law in the state. He also didn\u2019t abandon them. <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/D2%2056861-6-II%20Published%20Opinion.pdf\">State v. Garner<\/a>, 2023 Wash. App. LEXIS 1033 (May 31, 2023).<\/p>\n\n\n\n<p>Accidental misstatement in the affidavit didn\u2019t make a Franks violation. Probable cause was there anyway. United States v. Brunson, 2023 U.S. App. LEXIS 13506 n.12 (3d Cir. June 1, 2023).*<\/p>\n\n\n\n<p>Defendant was in a police car for four hours talking to the officer. He wasn\u2019t Mirandized until after he confessed. The situation on the totality was that no reasonable person would think that he was free to leave, and the confession should have been suppressed. Lopez-Lopez v. State, 2023 Ga. App. LEXIS 243 (June 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was in a car that was stopped for a traffic offense. He had warrants and he tried to flee the scene, but didn\u2019t get far. In the car were his backpacks. The driver consented to a search of the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55056\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,117,21,59,28],"tags":[],"class_list":["post-55056","post","type-post","status-publish","format-standard","hentry","category-consent","category-custody","category-franks-doctrine","category-scope-of-search","category-voluntariness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55056","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55056"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55056\/revisions"}],"predecessor-version":[{"id":55057,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55056\/revisions\/55057"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55056"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55056"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55056"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}