Category Archives: Consent

D.Mont.: “he’s not fucking here—go fucking look” was consent to enter

The government met its burden of proof that defendants consented to entry into their house to look for a wanted man by their saying “he’s not fucking here—go fucking look” and “he’s not fucking in there—go ahead.” United States v. … Continue reading

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D.N.M.: “Brady does not require the United States to disclose impeachment evidence before suppression hearings.”

“Brady does not require the United States to disclose impeachment evidence before suppression hearings.” United States v. Deleon, 2020 U.S. Dist. LEXIS 9688 (D.N.M. Jan. 21, 2020). Defendant’s motion to suppress for lack of nexus between defendant’s home and possession … Continue reading

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TN: License to enter Bonaroo music festival included search waiver; no REP

Defendant’s campsite at the Bonaroo music festival and his car were searched on the authority of the license granted by the ticket which said that everybody there was subject to search. Because of that, his campsite had no reasonable expectation … Continue reading

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D.N.M.: Handing back paperwork during stop and then calling def by name led to consensual extension of stop

Defendant was validly stopped for going 3 mph over the speed limit determined by radar. After handing defendant back his paperwork, and saying he could leave, the officer called out his name and kept him there. The court finds this … Continue reading

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MO: Dashcam video leaves no doubt as to voluntariness of consent

“Burns does not dispute the traffic stop’s validity. Credibility is not at issue in the dashcam video, in which Burns freely consents to a vehicle search and which flatly refutes Burns’ claims of involuntariness and illegal post-stop detention. That ends … Continue reading

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D.S.D.: Cross corroboration of three CIs’ stories was PC

The cross corroboration of three CIs’ stories was probable cause. United States v. Wilford, 2020 U.S. Dist. LEXIS 6074 (D.S.D. Jan. 14, 2020). “The officers had probable cause to arrest Mancilla-Ibarra because Fann’s information was veritable, reliable, and corroborated.” The … Continue reading

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KS: Def’s actions after the police entry and signing the consent form clearly show voluntariness

“We note, however, that Daino’s acts after the officers entered his residence confirm, instead of refute, his intent to consent to their entry. Daino never protested the officers’ presence. Instead, he later opened a safe for the officers, agreed officers … Continue reading

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D.N.M.: Govt fails in burden of showing consent. Was “yes” acknowledgement of statement to def or assent to search?

The government fails in its burden to show consent to a patdown of defendant’s person. There was a language barrier, and previous questions and statements were translated, but this one wasn’t. “Even though that defendant said ‘yes’ in response to … Continue reading

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OH8: When police at door ask to come in and the occupant stands back and aside, that implies permission and consent

When defendant opened the door and police were there and asked for admission, stepping back and aside implied consent to enter. Police then did a proper protective sweep of the room. City of Westlake v. Dudas, 2020-Ohio-31, 2020 Ohio App. … Continue reading

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D.Haw.: USMJ’s prior civil case involving defendant didn’t make him not “neutral and detached”

The USMJ was involved in a prior qui tam civil case by defendant. Defendant in a later criminal case argues that the USMJ should have been disqualified from considering a search warrant affidavit for her property that led to the … Continue reading

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FL2: Standing aside when answering door for police as to whether someone is inside is consent to entry by action

When police are at the door and ask for a person, and the person answering the door steps aside, it is apparent authority to enter that the wanted person is inside. State v. Smith, 2019 Fla. App. LEXIS 19116 (Fla. … Continue reading

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CA3: Consent to search car moots possible mistake of fact motion to suppress

Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).* Facebook’s … Continue reading

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