What is the test for obtaining consent to search a defendant's bags?
California, United States of America
The following excerpt is from People v. Farias, H042301 (Cal. App. 2019):
bags, or other personal belongings of a defendant." (People v. Jenkins (2000) 22 Cal.4th 900, 976-977 (Jenkins).) "The question before us is whether the 'facts available to the officer at the moment . . . [would] "warrant a man of reasonable caution in the belief" that the consenting party had authority' over the property as to which consent is given." (Id. at p. 977.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
If the police violate a defendant's Fourth Amendment rights before obtaining consent, can the evidence obtained as a result of the search be suppressed? (California, United States of America)
When a motorist consents to a search, does that consent to search the vehicle? (California, United States of America)
Can a search warrant be used to search a defendant's home without the consent of the probation officer? (California, United States of America)
Does a search warrant need to be obtained to obtain a bottle from a defendant? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
Can a search warrant be used to search a shirt belonging to a defendant who had been running at the time of the search? (California, United States of America)
Does a defendant have to obtain a search warrant to search the home of the accused while he is in custody? (California, United States of America)
