When a motorist consents to a search, does that consent to search the vehicle?

California, United States of America


The following excerpt is from People v. Escobargodinez, E071824 (Cal. App. 2020):

By consenting to the search, however, defendant also consented to prolong the detention beyond any time limits that might otherwise apply. "'When a motorist gives consent to search his vehicle, he necessarily consents to an extension of the traffic stop while the search is conducted.' [Citation.]" (United States v. Leon (8th Cir. 2019) 924 F.3d 1021, 1025-1026, cert. den. ___ U.S. ___ [140 S.Ct. 672]; accord, United States. v. Hernandez (11th Cir. 2005) 418 F.3d 1206, 1209-1210 ["Once Defendant gave her consent, the clock re-started for purposes of evaluating the reasonableness of the duration of the intrusion."], cert. den. (2006) 549 U.S. 889; United States v. Machuca-Barrera (5th Cir. 2001) 261 F.3d 425, 435 ["After Machuca-Barrera consented to a search, Agent Holt needed no justification to prolong the encounter."].)

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