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STATE v. RUSCETTA

No. 47047.

163 P.3d 451 (2007)

The STATE of Nevada, Appellant, v. David John RUSCETTA, Respondent.

Supreme Court of Nevada.

August 2, 2007.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Frank J. Coumou and James Tufteland, Chief Deputy District Attorneys, Clark County, for Appellant.

Philip J. Kohn, Public Defender, and Violet R. Radosta, Deputy Public Defender, Clark County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

PARRAGUIRRE, J.

In this appeal, we clarify the test for determining the scope of consensual vehicular searches. In doing so, we revisit our decision in State v. Johnson,2 where a majority of the court concluded that dismantling a vehicle glove box exceeds the scope of general consent to search a vehicle and is therefore unreasonable. We now clarify that the proper test in cases involving consensual vehicular...

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