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Name: People v. Valencia
Case #: B229392
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 12/08/2011
Summary

Subsequent searches may be made based on a single grant of consent where circumstances reflect the search was within the scope of the consent. When defendant was pulled over for a traffic violation, he gave the police consent to search his vehicle. Nothing was found. However, when it was discovered that defendant might have an outstanding arrest warrant, defendant and his vehicle were taken to the police station. There, another officer searched defendant’s truck and found cocaine. The trial court denied defendant’s motion to suppress the second search as outside the scope of his consent. The Court of Appeal affirmed. Under some circumstances, a defendant’s consent to search may justify police in conducting more than one search. The standard is whether, under the totality of the circumstances, it was objectively reasonable for the police to conclude that the subsequent search was within the scope of the consent. The Court of Appeal listed a number of non-exclusive factors to consider in determining whether the search was within the scope of the consent. Based on these factors, the subsequent search here did not exceed the scope of defendant’s consent.