SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

The relationship between the means used to prevent
observation of the search and the reasons justifying
the prevention;
The existence of any changes in circumstances
between when consent is obtained and when the
officers prevent the suspect from observing the
search; and
The degree of pressure applied to prevent the
suspect either from observing the search or voicing
his objection to its proceeding further.
May a suspect limit the consent to certain areas? Yes. (Ibid.)
But, if he does not limit the consent to a specific area, the officer
may search the whole thing reasonably believed to be included in
the request. E.g.; A consent to search one’s car, unless specifically
limited, includes the whole car and any containers in the car.
(People Clark (1993) 5 Cal.4 th 950, 977-980.)
May a drug-sniffing dog be used without obtaining any more than a
general consent to search? Yes; at least when it is a vehicle (as opposed to
a residence) being searched, the defendant should have been aware that a
dog was available, and he failed to object when the dog was used. (People
v. Bell (1996) 43 Cal.App.4 th 754.)
See also People v. $48,715 United States Currency (1997) 58
Cal.App.4 th 1507, 1515-1516: “‘A “sniff” by a trained drugsniffing
dog in a public place is not a “search” within the meaning
of the Fourth Amendment’ at all. Accordingly, no consent is
needed for participation of the dog. (Citation)” (See also United
States v. Todhunter (9 th Cir. 2002) 297 F.3 rd 886, 891.) (See
“Dogs Used to Search,” above.)
May a suspect place conditions on the search? (E.g.; “Yes officer, but
only if I may be present.”) Arguably; Yes.
If a person may limit the areas to be searched, it would seem that
he could also impose any conditions he chooses. ( See People
Clark, supra, recognizing the validity of a conditional consent
even though not discussing the issue.)
May an officer use a ruse or deception in obtaining a consent? Generally,
No.
© 2012 Robert C. Phillips. All rights reserved
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