Is a search of a person's backpack pursuant to his consent a violation of the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Gomez, E069490 (Cal. App. 2019):

identification does not convert the request into a detention because the individual is 'free at this point to request that his [identification] be returned and to leave the scene.' " (People v. Leath (2013) 217 Cal.App.4th 344, 353.) Moreover, "[a] search conducted pursuant to a valid consent does not violate the Fourth Amendment unless the search exceeds the scope of the consent." (People v. Bravo (1987) 43 Cal.3d 600, 605.) Here, the officer searched defendant's backpack pursuant to his consent, and the search did not exceed the scope of the consent. Thus, there was no Fourth Amendment violation with regard to the discovery of the ammunition.

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