Category Archives: Consent

CA6: Court details all the facts that make consent to search a cell phone voluntary

Defendant’s consent to search his cell phone for child pornography was voluntary. A host of facts support voluntariness. United States v. Mays, 2017 U.S. App. LEXIS 5246 (6th Cir. March 23, 2017)*:

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OH5: Consent was invalid when def was told she’d only be charged with tampering if she didn’t disclose the heroin on her person

The evidence supported the trial court’s finding that defendant’s consent to search was not freely and voluntarily given because the officer’s explanation to defendant incorrectly intimated that she could be charged with tampering with evidence if it was concealed on … Continue reading

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NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

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D.Minn.: SW for “pornography” that “constitutes a crime” is specific enough to include CP

A search warrant for “pornography” that “constitutes a crime” is specific enough to include child pornography despite the fact that adult pornography isn’t a crime. There was also probable cause for issuance of the search warrant. United States v. Barthman, … Continue reading

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D.Mont.: Def’s live-in girlfriend’s consent was enough to expand the SW beyond its particularity; she volunteered something police weren’t even looking for

Defendant had an argument with his live-in girlfriend which escalated about the time the police arrived to hear it outside. They got a search warrant for his handgun, some papers, and her belongings to help her get out. She assisted … Continue reading

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S.D.Ala.: Hitting fog line 8 times is reason for a stop even if it doesn’t necessarily violation AL law

Touching the fog line once isn’t an offense (and dozens of cases are cited), but eight times is reasonable suspicion for a stop and at least justifies it under Heien: “While the Court questions whether touching or slightly crossing a … Continue reading

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IL: 13 yo couldn’t consent to search of his person

The juvenile didn’t consent because he was too young to think independently when confronted by police officers. They did, however, have reasonable suspicion for his stop for violating curfew. In re Elijah W., 2017 IL App (1st) 162648, 2017 Ill. … Continue reading

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AZ: Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis GFE applies

Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis good faith exception applies here. Defendant was airlifted to a Nevada hospital for the blood draw. The trial court didn’t make findings on whether Nevada or Arizona law … Continue reading

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W.D.Mo.: Def’s primary language wasn’t English but he also spoke Spanish, and his reading aloud the consent form showed he understood it

Defendant was found to have consented. His primary language was Portuguese because he was from Brazil. He also spoke Spanish and he read aloud the Spanish consent form. United States v. Dacruz-Mendes, 2017 U.S. Dist. LEXIS 30094 (W.D. Mo. Jan. … Continue reading

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E.D.N.C.: Officers first said they were from Publishers’ Clearinghouse, then said “open the door or we are going to knock it down.” Consent after that was valid

Officers first knocked at door saying they were with Publishers’ Clearinghouse, but defendant didn’t come to door. Then they said in Spanish “open the door or we are going to knock it down.” It was on body camera. On the … Continue reading

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