How have the courts treated the issue of consent to search for drugs in a search for a gun?
MultiRegion, United States of America
The following excerpt is from United States v. Sealey, 630 F. Supp. 801 (E.D. Cal. 1986):
From these holdings the defendant would argue that during a search for the gun the officers were precluded from using any other material found as a basis for probable cause to seek permission, either by way of consent or by way of an authorized search warrant of other non-related
[630 F. Supp. 810]
criminal activity. Defendant's counsel argues in his written papers that the proper and lawful procedure at this point would have been to cease any further search and to either attempt to procure a search warrant or ask for a specific consent to search for further drugs.10 In United States v. Dichiarinte, 445 F.2d 126 (7th Cir.1970), after the defendant's arrest and in response to a question as to whether he had any narcotics in his home, the defendant replied: "I've never seen any narcotics. You guys come over to the house and look, you are welcome to".[630 F. Supp. 810]
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