issue of the scope of a consent search
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After overhearing from a public telephone what appeared to be arrangements for a drug transaction, a Florida police officer followed the defendant's car. When Jimeno committed a traffic violation, the officer stopped his car. The officer told Jimeno that he believed that Jimeno was carrying narcotics in his car and asked for consent to search the car. After Jimeno said that he had nothing to hide and gave consent, the officer opened a door on the passenger side and saw a folded brown paper bag on the floor of the car. The officer picked up the bag, opened it and found cocaine inside. The Supreme Court of Florida held that the consent to search a vehicle does not extend to a closed container found inside the vehicle. Did the consent to search authorize opening the brown paper bag? Explain. Should the evidence be permitted for use against the defendant? Why or why not?
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The issue of the scope of a consent search is noted.
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As you may know already, the Fourth Amendment preserves the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The U.S. Supreme Court has stated that a search conducted with lawfully given consent is an exception to the probable cause requirements of the Fourth Amendment. However, because a consensual search of an item or location is still a search, the Fourth Amendment reasonableness requirement still applies.
The U.S. Supreme Court addressed the issue of the scope of a consent search in the 1991 decision Florida v. Jimeno, which is ...
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