Category Archives: Consent

D.Kan.: Consent to USM was to search for wanted man, and continuing search after finding him exceeded consent

Defendant’s consent was explicit: to search his house for a wanted man. When that man was found, the search had to end. Motion to suppress granted because officers exceeded the consent. United States v. Nelson, 2017 U.S. Dist. LEXIS 164992 … Continue reading

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WA: Periodic pretrial urine testing for DUI violated state constitution

The conditions of periodic urine testing imposed on the defendants as a condition of pretrial release for DUI were invalid under the state constitution because the defendants did not suffer a diminution in their privacy interests sufficient to justify the … Continue reading

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KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

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D.Colo.: Where vehicle registered to both occupants, either could be asked for consent

When defendants were stopped for a traffic offense, reasonable suspicion arose that neither was a licensed driver when they produced only ID cards. Where the car was registered to both the driver and passenger, either could be asked for consent. … Continue reading

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NY, Monroe Co.: False assertion officers “had a warrant” made third party consent to search invalid

Officer’s false assertion they had a warrant for defendant made the third party consent here invalid under the Fourth Amendment as mere submission to a claim of authority. “Moreover, Judy P.’s response — ‘I don’t have a choice’ — empirically … Continue reading

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MI: Consent to draw blood includes consent to test it

Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 … Continue reading

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CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading

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D.Minn.: To rely on one party’s consent to a phone call being recorded, the govt has to prove it

The extension of the stop here was based on reasonable suspicion from two CIs. The alert of a drug dog with 90% accuracy is probable cause. A recording of CI’s telephone call between him and defendant is suppressed because the … Continue reading

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CA3: CI’s conversations with def and officer’s observations was PC

CI’s conversations with the defendant coupled with the officer’s observations was probable cause. United States v. Ray, 2017 U.S. App. LEXIS 15827 (3d Cir. Aug. 21, 2017).* Defendant’s stop wasn’t prolonged at the point he was asked whether he had … Continue reading

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CA6: Def consented to search of person when he came out of bathroom and was accosted by two officers

“Perhaps the last thing one usually expects when exiting the bathroom is to find a police officer on the other side of the door. However, such was the situation Tremaine Cowan discovered when he exited the restroom of a private … Continue reading

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