{"id":8445,"date":"2013-07-16T08:57:24","date_gmt":"2013-03-03T01:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-02T14:23:55","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8445","title":{"rendered":"FL2: Consent to &#8220;look around&#8221; a fire pit was not consent to search a pill bottle found there"},"content":{"rendered":"<p>Officers heard defendant was manufacturing meth at his house. When they arrived, they found him tending a fire pit and he walked to meet them. \u201c One of the deputies asked Mr. Oldham if he could \u2018look around\u2019 the fire pit area to verify that he was burning copper wire, not manufacturing methamphetamine. Mr. Oldham agreed.\u201d At the fire pit, one of the officers saw a pill bottle which he opened. That exceeded the scope of defendant\u2019s consent, and the suppression motion should have been granted. <a href=\"http:\/\/www.2dca.org\/opinions\/Opinion_Pages\/Opinion_Pages_2013\/February\/February%2027,%202013\/2D11-5549.pdf\">Oldham v. State<\/a>, 113 So. 3d 963 (Fla. 2d DCA 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>The facts here stand in contrast to those cases in which an individual has given general permission to search an area for narcotics. When the object of a search is to locate narcotics, the police may look inside unlocked containers that could contain narcotics because a typical reasonable person &#8220;may be expected to know that narcotics are generally carried in some form of a container.&#8221; Id. Here there was no general request to search the area for drugs but rather a specific request to inspect the contents of the fire pit to confirm that Mr. Oldham had been burning wire, not manufacturing methamphetamine.<\/p>\n<p>Because the search exceeded the scope of Mr. Oldham&#8217;s consent, his motion to suppress should have been granted. &#8230;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8445\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8445","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8445","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8445"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8445\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8445"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8445"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}