Does a sign on a military base requiring consent for a search warrant be construed as implied consent?

California, United States of America


The following excerpt is from People v. Rasmussen, E060842 (Cal. App. 2015):

Neither does defendant provide any authority or persuasive argument why the signs cannot be construed as implied consent from everyone on the base, including himself, to have their persons and vehicles searched. In his opening brief, defendant cites only one case, which he purports is on the subject, but the facts are so dissimilar to those here as to make it useless. In People v. Jasmin (2008) 167 Cal.App.4th 98, 108, the serviceperson-defendant's on-base barracks were searched by a civilian detective pursuant to two military versions of search warrants, both authorized by the base commander, for evidence of off-base crimes. The sole issue was whether the Fourth Amendment required a search warrant issued by a civilian magistrate and the appellate court concluded it was not. (Id. at pp. 109, 112.) There was no discussion whatsoever in Jasmin of signs posted on base requiring searches or implied consent.

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