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U.S. v. RICH

No. 92-8230.

992 F.2d 502 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. William Robert RICH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 1993.

Attorney(s) appearing for the Case

James Blankinship, Asst. U.S. Atty., Austin, TX, and Richard L. Durbin, Asst. U.S. Atty., San Antonio, TX, and Ronald F. Ederer, U.S. Atty., Austin, TX, for plaintiff-appellant.

R. James George, Austin, TX (court appointed), for defendant-appellee.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The question in this case is whether an individual's affirmative response to a police officer's request to "have a look in" the individual's automobile is the equivalent of a general consent to search the automobile and its contents, including the individual's luggage. With some reluctance, but drawing from precedent, we hold that the search does not violate the Fourth Amendment. We thus reverse...

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