LAW 605 Lecture Notes - Lecture 23: Bloody Knife, Implied Consent, Methamphetamine
23 Dec 2019
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Case #1: police ask to look in backpack. D says ok. d didn"t know he couldn"t refuse search: consent valid, consent must be voluntary, but does not require an affirmative showing by police that d knew he could refuse; just one factor to consider (bustamonte) Case #3: police ask to search, d says yes. Case #4: d stopped for speeding, police ask to search car trunk. What did reasonable police officer think that consent covered: might matter whether container unlocked, other facts, 4(a): what if it was a locked suitcase, probably not okay. Probably outside scope of consent, i. e. , beyond what reasonable police officer understood as scope of permission. Case #5: officers get d"s consent to search luggage at bus station. Tamales in gravy, o shakes it, appears to contain dry substance, like salt. Case #6: uniform officer knocks on door of apartment. Says report of gas leak, want to come in to look.
