Police entry to defendant’s locked home did not exceed scope of consent where defendant requested search and used no words limiting scope of consent

SEARCH & SEIZURE United States v. Pikyavit, No. 07-4113, ___ F.3d ___ (10th Cir. Jun 4, 2008)(Utah). Appeal of conviction for being felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1). HELD: District court’s determination that police stayed within scope of consent given by defendant when they entered his locked home by slipping door lock was not clearly erroneous. Where defendant was in jail for involvement in brawl near his home and initiated contact with police to have them search his home for evidence he believed would exculpate him on the fight-related charges (i.e., blood and hair), reasonable officer would have understood defendant to consent to: (1) entry to the home even if doors were locked; and (2) search rooms other than kitchen and living room. * Without words of limitation or condition, reasonable inference from defendant’s conversation with officers was that he impliedly consented to search of home even if doors locked. * Once generalized consent to search is given, police may use reasonable means to enter location to be searched. Read the opinion here.