NCJ Number
137221
Journal
Journal of Criminal Law and Criminology Volume: 82 Issue: 4 Dated: (Winter 1992) Pages: 773-828
Date Published
1992
Length
56 pages
Annotation
In Florida v. Jimeno, the U.S. Supreme Court expanded the principle upheld in United States v. Ross that warrantless automobile searches based on probable cause may include closed containers in the car "that may conceal the object of the search."
Abstract
In Jimeno, the Court ruled that warrantless searches carried out with the owner's consent could also apply to closed containers. The dissenting opinion in Jimeno argued that closed containers merit a "heightened expectation of privacy" over the rest of the automobile's interior, and a search of closed containers thus requires additional consent from the owner. After examining the evolution of the scope of consent searches for automobiles for concealed items, this author maintains that the Supreme Court reasonably expanded the Ross principle while preserving the fourth amendment protections against unauthorized invasions of privacy. While correctly keeping the balance between law enforcement needs and legitimate individual rights, the Court failed to justify the Ross extension by analyzing the relationship between warrantless searches based on probable cause and those based on consent. As a result, this ruling provides only limited guidance to lower courts ruling in future litigation. 215 notes