· 3/19/1990
United States v. Carlos Garcia and Jose Luis Garcia
Citations
- 897 F.2d 1413
- 29 Fed. R. Serv. 1382
- 1990 U.S. App. LEXIS 4088
- 1990 WL 28871
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- opening of door panels during search “is inherently invasive” and extends beyond scope of general consent to search
- “If an individual has the owner’s permission to use property, society surely recognizes this as reasonable.”
- “There is nothing in the record that indicates Carlos was motivated by a desire to curry favor with his interrogators.”
- driver using vehicle with the permission of an absent owner has a reasonable expectation of privacy therein
- consent in response to police request to look inside truck for “drugs or weapons in the truck” did not justify “inherently invasive” police removal of door panels
- officers peered through window slot in door panels and removed door panel
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Dumbauld
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.