Category Archives: Consent

E.D. Mich.: Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.”

Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.” There was nothing near reasonable suspicion or consent. United States v. Smith, 2018 U.S. Dist. LEXIS 62041 (E.D. Mich. Apr. 12, 2018):

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Daily Report: Sex Tape Verdict Spurs Debate on Surveillance Law

Daily Report: Sex Tape Verdict Spurs Debate on Surveillance Law by Greg Land: Two veteran lawyers, former State Bar of Georgia President Robin Frazer Clark and prosecutor-turned-defense attorney Noah Pines, differed sharply in their views of Georgia’s illegal surveillance statute … Continue reading

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E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind

Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer … Continue reading

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The Hill: Manafort challenges evidence seized by Mueller (with link to motion and warrant affidavit)

The Hill: Manafort challenges evidence seized by Mueller by Jacqueline Thomsen (link to motion, affidavit, and warrant):

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OR: State’s inventory argument wasn’t presented during the suppression hearing, so it’s waived

The state’s inventory argument was not presented during the suppression hearing, and it can’t rely on that argument on appeal. State v. Steele, 290 Ore. App. 675, 2018 Ore. App. LEXIS 41 (Mar. 7, 2018). By letting the CI into … Continue reading

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CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

Retention of identification documents when asking for consent does not ipso facto make the request coercive. The record is unclear on how long it took for computer checks to be complete, too. United States v. Perales, 2018 U.S. App. LEXIS … Continue reading

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S.D.Miss.: Courts condone broader warrants when CP is being sought

Where the computer child pornography warrant required the electronic media be searched in 14 days and it was searched in two days there was no prejudice. The warrant was not general. The tendency in the cases is to permit broader … Continue reading

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D.Conn.: Def didn’t consent; in police photographs “Her jaw is slack and her eyes are wide open in a classic ‘deer-in-the-headlights’ pose. In the Court’s view, she appears frightened and overwhelmed.”

The government didn’t get consent to enter. The officers pounded on the door and entry was by acquiescence. The defendant was photographed. “In both photographs, she is wearing a sheer nightgown. Her jaw is slack and her eyes are wide … Continue reading

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FL4: Implied consent doesn’t violate 4A because there are no criminal penalties for denying consent

The Florida implied consent statute does not violate the Fourth Amendment because it does not impose criminal penalties for non-compliance, and only administrative or evidentiary penalties. Defendant was unconscious at the time of the draw. McGraw v. State, 2018 Fla. … Continue reading

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NJ: If driver can’t find registration after reasonable time, police can search for it

Defendant was given a reasonable amount of time to produce the registration of his vehicle. When he’s unwilling or unable to locate it, that justifies a limited “pinpoint” search of the vehicle for the registration in the glove box or … Continue reading

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WA: While driver has a REP, the owner’s consent controls

The driver of a vehicle has a reasonable expectation of privacy in the vehicle, but he assumes the risk that the owner of the vehicle may consent to a search. Here, the officers noticed that the ignition had been punched … Continue reading

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LA5: A micro data storage card in defendant’s watch pocket could be seized incident to arrest

A micro data storage card in defendant’s watch pocket could be seized incident to arrest. It was then searched with a warrant. The informant was a victim, and thus didn’t need to be corroborated. “Knocking on a door does not … Continue reading

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