DrugPolicyCases.com | |||
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Searches and Seizures: Consent A person can consent to a search - that will usually make a warrantless search constitutional. Of course, the nature of a consent, the surrounding circumstances, whether or not the person was authorized to give consent (and other considerations) may invalidate it. This section deals with these issues.
...[O]ur holding in Florida v. Jimeno, 500 U.S. 248, 114 L. Ed. 2d 297, 111 S. Ct. 1801 (1991), allowing police to open closed containers in the context of an automobile consent search where the "consent would reasonably be understood to extend to a particular container," [...] ensures that many motorists will wind up "consenting" to a far broader search than they might have imagined. See 500 U.S. at 254-255 ("only objection that the police could have to" a rule requiring police to seek consent to search containers as well as the automobile itself "is that it would prevent them from exploiting the ignorance of a citizen who simply did not anticipate that his consent to search the car would be understood to authorize the police to rummage through his packages") (Marshall, J., dissenting).
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