Unlawful Search Consent Clarification

Summary

If a third party consents to a vehicle search, it generally covers all contents. However, personal items like a wallet may have a higher expectation of privacy. Common authority applies if both parties have equal rights to access the car. Apparent authority applies if officers reasonably believe the consenter has authority. If the car was abandoned, the right to consent might be questionable. To challenge the search, argue it was unlawful due to lack of proper consent. Consult a local attorney for detailed advice.

Full Conversation

In Pasco Florida I was stopped and held when someone thought I stole a car. I was not charged. While still in the back of police car in cuffs the lady who flagged police down and said I stole it realized it was a misunderstanding through a 3rd party, she consented to a search. Does that cover my wallet that was inside luggage in the car since she originally abandoned the car?
Hello ****,
Based on Florida law:
- Consent to search a vehicle generally covers all contents within.
- However, specific personal belongings like your wallet, could have a higher expectation of privacy.
- It might depend on the exact circumstances, including how the consent was given and understood.
Please consult a local attorney for detailed advice.
It was obvious that the wallet wasn't hers. Did they need a warrant since there was no crime
Hello ****,
- Even if no crime was committed, officers can perform a search with consent.
- However, if it's clear that an item doesn't belong to the consenter, like your wallet, the consent may not cover it.
- You should seek legal counsel for a more accurate interpretation of the situation.
Would common authority and apparant authority apply
Hello ****,
- Common authority applies when two or more people have equal rights to access or control a property.
- Apparent authority applies when a third party reasonably believes someone has authority, even if they don't.
- Both could potentially apply in your situation, but please consult a local attorney for a precise interpretation.
How would common authority apply
Hello ****,
- Common authority would apply if both you and the lady had equal rights to access/control the car or its contents.
- If she had the right to consent to a search of the entire car, it would cover your wallet.
- Consult a local attorney for a detailed analysis.
If she previously abandoned the car would that apply then
Hello ****,
- If she abandoned the car, her right to give consent for a search might be questionable.
- However, if law enforcement wasn't aware of the abandonment, they may have acted on apparent authority.
- Legal advice from a local attorney would provide more clarity.
Explain to me how it could be applied to have the luggage and wallet thrown out
Hello ****,
- To have the luggage and wallet 'thrown out' of court, you'd argue that the search was unlawful.
- If the lady had no authority to consent, or if officers knew she had abandoned the car, the search might be invalid.
- Consult a local attorney for further guidance.