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W.D.Tex.: Consent to search car for stolen electronics including turning on a camera; and no standing in a stolen camera, anyway

By John Wesley Hall, Jr.

Defendant clearly consented to a search of his car for stolen property, specifically electronics. Turning on a camera to look at the pictures did not exceed the scope of the consent, and the defendant had to understand that was likely from the blanket consent. Even if consent was exceeded, he had no standing in the stolen camera anyway. United States v. Guevara, 2010 U.S. Dist. LEXIS 52803 (W.D. Tex. May 27, 2010): However, given that the officers were searching for stolen goods (and specifically electronics), it is entirely natural they would closely inspect any electronics in the car, and attempt to ascertain whether they belonged to Defendant or anyone else. It is well-settled if a defendant chooses not to place any explicit limitations in his response to an officer's general request to search, this is considered evidence of general consent to search...continue to full post

Full post as published by Fourth Amendment on June 02, 2010 (boomark / email).