What is the test for consent in a search of a sleeping compartment in a motor vehicle?

MultiRegion, United States of America

The following excerpt is from U.S. v. Day, 101 F.3d 706 (9th Cir. 1996):

Appellant also claims that this court should accord him a heightened expectation of privacy because a sleeping compartment is more like a house than an automobile. 1 However, this distinction is irrelevant since this is not a case where a person failed to object to a search. Cf. United States v. Shaibu, 920 F.2d 1423, 1428 (9th Cir.1990) ("a defendant's failure to object to such entry is not sufficient to establish free and voluntary consent."). Day gave the officers permission to "look around" the compartment after he had forfeited a container of marijuana.

Because we believe that the search was within the scope of Day's consent, we AFFIRM the district court.

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