Category Archives: Consent

S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

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S.D.Iowa: Stepping aside and gesturing for officer to enter house was consent to enter

Defendant consented to police entry by stepping aside and gesturing for police to enter. United States v. Faler, 2015 U.S. Dist. LEXIS 188840 (S.D. Iowa April 28, 2015).* During a traffic stop, defendant was the passenger, and he was fidgety. … Continue reading

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CA11: Consent to search in writing and giving password was consent to search cell phone

Turning over the cell phone, consenting to a search in writing, and giving the password all showed that the consent was voluntary. United States v. Grant, 2017 U.S. App. LEXIS 8814 (11th Cir. May 19, 2017).* There was reasonable suspicion … Continue reading

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CA7: “I guess so. You’re just doing your job” to a request to search is consent

Defendant was in a small roomette on an Amtrak train. When it stopped in Galesburg IL, two police officers went through the train to look at papers, IDs, and ask about hauling cash or drugs. She denied having anything, but … Continue reading

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WV: Defendant’s recorded consent shows it was valid

Defendant’s recorded consent shows it was valid. “he does not contest the voluntariness of the search and appears to take issue only with the extent of his voluntary consent. Petitioner’s consent to the search was recorded by law enforcement, and … Continue reading

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TX4: Conversation over fence with officer led to consent

The conversation with the officers led to a consent search. There were no weapons shown or coercion, and officers had a fence between them and the defendant. Anthony v. State, 2017 Tex. App. LEXIS 4478 (Tex. App. – San Antonio … Continue reading

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S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

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WaPo: Is voluntariness of consent to search or seize a question of fact, law or both?

WaPo: Is voluntariness of consent to search or seize a question of fact, law or both? by Orin Kerr:

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Three on consent

Defendant was 41 years old and Mirandized before he voluntarily consented. United States v. Elcock, 2017 U.S. Dist. LEXIS 70549 (D. V.I. May 9, 2017). Defendant consented to the search of his cell phone, and it was copied before he … Continue reading

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M.D.Ala.: A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police was valid and led to RS then PC

A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police led to looking at the load and seeing that something was wrong, and that led to finding marijuana. The stop and … Continue reading

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