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Traffic Stop of Vehicle: Consent to Search

NCJ Number
166096
Journal
Crime to Court, Police Officer's Handbook Dated: (November 1996) Pages: complete issue
Author(s)
J C Coleman
Date Published
1996
Length
24 pages
Annotation
The 1996 decision of the United States Court of Appeal for the Fourth Circuit in the case of United States v. Lattimore focused on questions about the validity of a warrantless search of a vehicle that had been stopped for a minor traffic violation.
Abstract
A South Carolina State trooper stopped Lattimore's vehicle for exceeding the speed limit. Lattimore accompanied the police officer to the patrol vehicle. After issuing the citations the trooper asked Lattimore whether the automobile contained narcotics or contraband. Lattimore said no. The trooper then requested and received Lattimore's oral consent to search the vehicle. Lattimore signed a consent form. The trooper discovered a bag containing approximately 95 grams of cocaine base, razor blades, a scale, and plastic bags. The trial court held the consent to be valid. The appellate court upheld the validity of the search. It held that Lattimore voluntarily gave his oral consent and did not withdraw it. It also held that the request for consent to search did not exceed the scope of the traffic stop. The court noted that a consent to search can be revoked. Post-test questions and answers for the reader, photographs, discussion of future United States Supreme Court cases, and discussion of drug interrogations