Consenting to One Vehicle Search Can Mean Consenting to Multiple Searches
The general rule concerning any search without a warrant is that the search is presumed illegal. It is a liberty invasion. Once a defendant shows that the search was conducted without a warrant, the burden shifts to the prosecution to show an exception to the general rule applies.
Voluntary consent to a search is one such exception. The scope of such consent is “objective reasonableness,” meaning what would a typical reasonable person believe the consent covered.
The case of Alejandro Valencia gave new meaning to such a standard. Mr. Valencia was pulled over in Los Angeles for a broken tail light on April 15, 2010. At the scene, he then consented to a search of his truck. A police officer searched the truck and found nothing. As Valencia had a few warrants related to outstanding traffic tickets, the officers took him in to the police station. One officer drove Valencia’s truck to the station as a courtesy, so that Valencia’s truck would not remain in the 45th Street area, which is a high-crime area.
Once the truck arrived at the station, another officer not at the arrest, searched the truck. This officer, Hofmeyer, found three grams of cocaine. This officer never asked Valencia to consent to a search and Valencia did not even know this officer was searching his truck.
Valencia was then charged in Downtown Los Angeles Superior Court with possession of cocaine for sales (Health and Safety Code
