{"id":2223,"date":"2011-07-18T08:59:30","date_gmt":"2011-07-18T08:59:30","guid":{"rendered":"https:\/\/bresky-merger.local.com\/posts\/fourth-dca-police-exceeded-scope-of-consensual-search-of-juvenile-defendant\/"},"modified":"2011-07-18T08:59:30","modified_gmt":"2011-07-18T08:59:30","slug":"fourth-dca-police-exceeded-scope-of-consensual-search-of-juvenile-defendant","status":"publish","type":"post","link":"https:\/\/ssrga.com\/appellate\/fourth-dca-police-exceeded-scope-of-consensual-search-of-juvenile-defendant\/","title":{"rendered":"Police Exceeded Scope of Consensual Search of Juvenile Defendant"},"content":{"rendered":"<p><strong>A.L.T. v. State of Florida, 4D10 \u2013 2278<br \/>\nJune 8, 2011<\/strong><\/p>\n<p>The Fourth District wrote to address whether a police search exceeded the scope of the suspect\u2019s consent.\u00a0 A.L.T., a child, was stopped by Officer Mandell of the Fort Lauderdale Police Department.\u00a0 He asked A.L.T. specifically if he could \u201csearch him for weapons or drugs.\u201d A.L.T. consented. Officer Mandell removed a wallet from A.L.T\u2019s pocket which did not belong to A.L.T.\u00a0 A records check of the address on driver\u2019s license in the wallet revealed that a burglary occurred six days prior at that address.<\/p>\n<p>A.L.T. was arrested. He waived his Miranda rights and confessed to the burglary.\u00a0 The State charged A.L.T. with burglary and grand theft. The defense filed a motion to suppress and argued that the discovery of the victim\u2019s driver\u2019s license and A.L.T\u2019s confession exceeded the scope of A.L.T.\u2019s consent.\u00a0 The Fourth District agreed.\u00a0 \u201cThe standard for measuring the scope of a consent under the fourth amendment is objective reasonableness.\u00a0 There is no bright-line test for determining the scope of consent to a warrantless search.\u201d\u00a0 Allen v. State, 909 So.2d 435, 438 (Fla. 5th DCA 2005).\u00a0 The Fourth District held that a typical reasonable person would have understood Officer Mandell\u2019s request to mean \u201ca search for weapons and drugs, not an open invitation to remove all the contents from one\u2019s wallet.\u201d\u00a0 The Fourth District reversed the denial of A.L.T.\u2019s motion to suppress.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A.L.T. v. State of Florida, 4D10 \u2013 2278 June 8, 2011 The Fourth District wrote to address whether a police search exceeded the scope of the suspect\u2019s consent.\u00a0 A.L.T., a child, was stopped by Officer Mandell of the Fort Lauderdale Police Department.\u00a0 He asked A.L.T. specifically if he could \u201csearch him for weapons or drugs.\u201d&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1811,1816],"tags":[2126,2127,2128,2110,2129,1860,2130,2131,1995,2132,2133,2134,2135,2136,2137,2138,2139,2140,2141,2142,2143,2144],"class_list":["post-2223","post","type-post","status-publish","format-standard","hentry","category-4th-dca-rulings","category-criminal","tag-allen-v-state","tag-bright-line-test","tag-burglary","tag-child","tag-confessed","tag-drivers-license","tag-fort-lauderdale-police-department","tag-fourth-amendment","tag-fourth-district","tag-grand-theft","tag-juvenile","tag-miranda-rights","tag-motion-to-surpress","tag-objective-reasonableness","tag-police","tag-police-search","tag-reversed-the-denial","tag-scope-of-consensual-search","tag-search-for-weapons","tag-search-for-weapons-and-drugs","tag-wallet","tag-warrantless-search"],"acf":[],"_links":{"self":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2223","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/comments?post=2223"}],"version-history":[{"count":0,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2223\/revisions"}],"wp:attachment":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/media?parent=2223"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/categories?post=2223"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/tags?post=2223"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}