Category Archives: Consent

MI: Exigency for seeking cell phone consent doesn’t require actual knowledge def might destroy evidence on it

Defendant consented to seizure of his cell phone after officers learned there might be child sexual abuse material on it. A search warrant later issued. All this was reasonable. The officer doesn’t have to have evidence that defendant might delete … Continue reading

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CA3: Nodding yes to a request to search was consent

Defendant’s nodding yes to a request to search was consent to search the car. The officers might have believed he didn’t have standing since he was a mere passenger at the time. He didn’t mention facts supporting standing until at … Continue reading

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CA9: Electronic monitoring condition of pretrial release was essentially a contract between def and court, thus consent

The Superior Court of San Francisco imposes electronic monitoring as a condition of pretrial release. Because it’s essentially a contract between the defendant and court, it’s consent to EM for release. It also does not violate state separation of powers. … Continue reading

Posted in Consent, Franks doctrine, GPS / Tracking Data, Inventory, Private search, Rule 41(g) / Return of property | Comments Off on CA9: Electronic monitoring condition of pretrial release was essentially a contract between def and court, thus consent

CA7: Post search statement of promise for consent didn’t affect consent to search

“Marcure also asserts that an officer coerced his consent by promising him that no charges would be filed, but even if a statement like this can be coercive, the complaint states that the promise occurred ‘[a]fter the search was finished.’ … Continue reading

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E.D.Wis.: Affidavit’s statement def was in surveillance video was reasonable and not reckless

Officer’s statement that defendant was in a surveillance video was a reasonable conclusion, and not a reckless overstatement for Franks. United States v. Warren, 2025 U.S. Dist. LEXIS 70293 (E.D. Wis. Apr. 14, 2025).* Defendant passed up a conditional plea … Continue reading

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NJ recognizes right to advice of counsel before request for consent

The right to advice of counsel under the Fifth Amendment has to be read together with the Fourth Amendment and a request for consent. Other states do not, but New Jersey does. Defendant was asked for consent inside his own … Continue reading

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MD: When asked if def “minded” to consent to a frisk, he consented

Defendant was stopped for a traffic offense, and the officer asked about whether he was armed and whether he “minded” to consent to a frisk. He argued that he had no choice but to answer, but he did have a … Continue reading

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E.D.Ky.: SW affidavit failed to show PC for search of house, but it wasn’t so lacking the GFE doesn’t apply

The affidavit for search warrant here was based on suspicious circumstances but doesn’t show nexus to defendant’s house that he was engaging in drug trafficking from there just from living there. “Ultimately, the evidence in the affidavit did not create … Continue reading

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MT: SW obviates implied consent for BAC test

The police having obtained a search warrant for defendant’s BAC, the implied consent statute doesn’t apply. State v. Clinkenbeard, 2025 MT 54 (Mar. 25, 2025). Defendant’s long standing drug trafficking was not stale. 2022 information was refreshed by 2023 information. … Continue reading

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S.D.N.Y.:The fact that the Government intends to prove that the property belongs to Defendant does not establish standing

“The fact that the Government intends to prove that the property belongs to Defendant does not establish standing. See, United States v. Watson, 404 F.3d 163, 166 (2d Cir. 2005) (‘[D]efendant could not challenge the search of a residence merely … Continue reading

Posted in Arrest or entry on arrest, Consent, Custody, Reasonable suspicion, Standing | Comments Off on S.D.N.Y.:The fact that the Government intends to prove that the property belongs to Defendant does not establish standing

S.D.W.Va.: Def’s agreement to let police see his firearm isn’t implied consent to enter his house

Defendant’s agreement to let police see his firearm isn’t implied consent to enter his house. United States v. Arthur, 2025 U.S. Dist. LEXIS 51621 (S.D. W. Va. Mar. 20, 2025). Defendant failed to plead standing in his motion to suppress … Continue reading

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PA: Entry of curtilage to inquire of a chop shop in operation was reasonable

Officers saw defendant “dissecting a motor vehicle in his driveway,” i.e., running a chop shop, which they already suspected him of. They could enter the curtilage to inquire. Commonwealth v. Ewida, 2025 PA Super 67, 2025 Pa. Super. LEXIS 128 … Continue reading

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AK: Public court filings violate no REP

“Herndon’s argument that her rights under the Fourth Amendment were violated when the superior court ‘commingled [her] private filings making it public’ is without merit. Herndon has no reasonable expectation of privacy in information that she voluntarily submitted to the … Continue reading

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VI: Wife had apparent authority to consent to search for firearm in bedroom, even if they didn’t share it

Defendant’s wife had apparent common authority to consent to a police entry while defendant slept. She led police into the home and directed them to the handgun in defendant’s bedroom closet. This satisfied co-occupant consent. They lived together, she knew … Continue reading

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CA10: Shooting yourself and calling 911 is consent to removing the bullet

Defendant reported he was shot by an intruder and called 911. He went to the hospital and a surgeon removed the bullet. The search warrant for his office for evidence of him shooting himself was specific and the good faith … Continue reading

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WA: Warning of right to refuse consent search only applies to knock-and-talk

Warning of a right to refuse a consent search is only required for knock-and-talk. This was an animal cruelty case, and officers had been there repeatedly to observe horses with consent. Finally, they got a warrant to enter the enclosure … Continue reading

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VA: Driver can’t consent to search of passenger’s purse

Driver’s consent to search did not extend to a woman’s purse that obviously wasn’t his. Myers v. Commonwealth, 2025 Va. App. LEXIS 138 (Mar. 4, 2025). On the totality of the circumstances, including a suspected drug transaction, the vehicle’s evasive … Continue reading

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CA5: The affidavit for SW was more than “bare bones” and the GFE applied

The affidavit for the warrant wasn’t “bare bones.” It alleged facts and nexus could be inferred, even if probable cause couldn’t be fully shown. Therefore, the good faith exception applied. United States v. Norman, 2025 U.S. App. LEXIS 4908 (5th … Continue reading

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CA10: Def’s “self-search” of his bag was consensual

At the Albuquerque Greyhound stop, defendant encountered DEA officers on the bus and ultimately opened his own bag and showed the contents. This “self-search” was consensual, and he was told he had a right to refuse. United States v. Jackson, … Continue reading

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S.D.Cal.: Officer doesn’t need a window tint meter in hand to justify a stop for overtinted windows

“But clearing the low bar of reasonable suspicion requires little more. Police need not ‘carry around and use burdensome equipment to measure light transmittance.” United States v. Wallace, 213 F.3d 1216, 1220 (9th Cir. 2000) (quoting People v. Niebauer, 263 … Continue reading

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