Category Archives: Consent

D.D.C.: Manafort DC search valid: The person on the lease of a storage unit and with the keys had [apparent] authority to consent

The search of Paul Manafort’s storage unit was with the consent of the person on the lease and did not violate the Fourth Amendment. It was reasonable for the FBI to believe that the person with the keys had the … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to revocation of supervised release

The exclusionary rule does not apply to revocation of supervised release proceedings. United States v. Hightower, 2018 U.S. Dist. LEXIS 98320 (S.D. N.Y. June 12, 2018). The renter of the rental car was in it, and he voluntarily consented to … Continue reading

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D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

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D.Kan.: Officer’s attempt to use Google Translate to get consent to search car led to confusion; and govt failed in its burden of proof of voluntariness

Defendant was a native Spanish speaker, and the officer tried to use Google translate on his phone to ask him to consent to a search of this car. The result was confusing, and the court finds that the government failed … Continue reading

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CO: Voluntariness of consent is proved by a preponderance of the evidence, not by clear and convincing evidence

Voluntariness of consent in Colorado is proved by a preponderance of the evidence, not by clear and convincing evidence. People v. Delage, 2018 CO 45, 2018 Colo. LEXIS 435 (May 30, 2018). The CI gave probable cause to stop defendant … Continue reading

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DE: Undercover officer “friending” def on Facebook and seeing enough to get a SW doesn’t violate 4A

“When a person voluntarily accepts a ‘friend’ request on Facebook from an undercover police officer, and then exposes incriminating evidence, does the Fourth Amendment protect against this mistaken trust? We conclude that it does not.” Everett v. State, 2018 Del. … Continue reading

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OK: Even if protective sweep was pretextual, the case parallels McArthur and there was PC for warrant without it

The trial court held that the protective sweep here was pretextual and suppressed. The court of criminal appeals held that this case was strikingly similar to Illinois v. McArthur. There was valid third party consent to the entry. The information … Continue reading

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N.D.Ohio: Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it

Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it. The warrant says the affiant did. United States v. Oliver, 2018 U.S. Dist. LEXIS 85865 (N.D. Ohio May 22, 2018). … Continue reading

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W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel

Motel 6 in Washington state was providing guest registry information to ICE and DHS, and the state sued them in state court. It was removed to federal court. The case is remanded. Because Motel 6 was providing it voluntarily, Patel … Continue reading

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KY: The objective evidence showed voluntary consent on totality; trial court erred in finding no consent

Defendant had a head injury and couldn’t remember the accident. Still, she was lucid when the officer talked to her, and she objectively consented on the objective facts. Her subjective belief wasn’t important. The trial court clearly erred in finding … Continue reading

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PA: Consent to blood draw preceded any alleged Birchfield violation, so no suppression

“Here, Moser gave his consent to the blood test while he was in the patrol car on the way to the hospital. … Officers read form DL-26 to Moser at the hospital, after he had already consented to the blood … Continue reading

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AZ: By not stopping until he got to driveway, def impliedly consented to officer following there

Defendant had a reasonable expectation of privacy in his girlfriend’s driveway because he was a frequent overnight guest there, and he was coming there to spend the night. (There is a discussion of the semi-private nature of a driveway under … Continue reading

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