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CA3: Defendant's brother who retrieved suitcase for defendant to protect it had standing to consent to its search

By John Wesley Hall, Jr.

Defendant was arrested on an immigration warrant, and, while in detention, he directed his brother to retrieve a suitcase from his house. The brother opened the suitcase at home and found false ID documents. The police arrived, and the brother consented to a search and seizure with apparent authority to consent. He had an expectation of privacy in the suitcase. United States v. Al-Salibi, 2010 U.S. App. LEXIS 13231 (3d Cir. June 29, 2010) (unpublished).* The officer smelled marijuana coming from defendant’s trucking pulling his travel trailer. The travel trailer was not searched based on that finding, but there was other circumstances on the totality for the search of the travel trailer, too. The government’s fall back position of inevitable discovery did not have to be considered...continue to full post

Full post as published by Fourth Amendment on July 01, 2010 (boomark / email).