Category Archives: Consent

C.D.Cal.: Arrest for loitering justified a search incident

An arrest for loitering justified a search incident. Defendant’s actions were concerning to the officer about his criminal intent. United States v. Pick, 2017 U.S. Dist. LEXIS 59287 (C.D. Cal. Feb. 28, 2017). Defendant’s saying “go ahead in look in … Continue reading

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WI: State didn’t violate due process or fair trial by commenting on def’s refusal to submit to a breath test

It did not deny defendant a fair trial for the state to refer to defendant’s refusal to take a breath test. State v. Lemberger, 2017 WI 39, 2017 Wisc. LEXIS 227 (April 20, 2017):

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E.D.Tenn.: Video showed clear consent and contradicted def’s testimony

Defendant consented to the search of her purse. The video clearly shows that, and it contradicts the defendant’s testimony. United States v. West, 2017 U.S. Dist. LEXIS 58892 (E.D. Tenn. Jan. 6, 2017),* adopted, 2017 U.S. Dist. LEXIS 58672 (E.D. … Continue reading

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Three on consent

Defense counsel was not ineffective for not moving to suppress a search by consent where the consenter admitted during a pretrial deposition that she consented. Banks v. State, 2017 Fla. LEXIS 893 (April 20, 2017).* Defendant’s father consented to the … Continue reading

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MT: Def was driving parents’ car and they had equal or superior authority to consent to its search

Defendant, a known drug user and suspected dealer, was driving his parents’ car, and they gave consent to search it. “Miller had permission from his parents to use the vehicle and thus had common, if not superior, authority to Baty … Continue reading

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CO: Unconscious [and dead] drivers have consented to a blood draw

Unconscious drivers have consented to a blood draw by statute, and it’s constitutional. People v. Hyde, 2017 CO 24, 2017 Colo. LEXIS 282 (April 17, 2017); People v. Simpson, 2017 CO 25, 2017 Colo. LEXIS 283 (April 17, 2017); Fitzgerald … Continue reading

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CA5: Handing over one’s phone in response to “do you mind if I look through your phone?” is consent

Defendant’s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked “do you mind if I look through your phone?”, he handed it over, and that was consent. United … Continue reading

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IN: Def handing CI a package risked CI handing it to police

The government’s CI was handling the package with drugs for the defendant to ship it, and he could consent to searching it. Erickson v. State, 2017 Ind. App. LEXIS 140 (March 29, 2017). The CI’s information was against his self … Continue reading

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OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid

The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. … Continue reading

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OH4: Isolated unsolicited comment def refused to consent to search was not error and was harmless error at best

An isolated comment volunteered by a witness that defendant refused to consent to a search that was never mentioned again wasn’t error. Even so, the evidence of guilt was overwhelming so it’s harmless. State v. Angus, 2017-Ohio-1100, 2017 Ohio App. … Continue reading

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