Category Archives: Consent

GA: State privilege against self-incrimination prevents the state from using refusal to submit to a BAC test at trial

Under the Georgia constitution, the state privilege against self-incrimination prevents the state from using refusal to submit to a BAC test against the accused in a DUI trial. Elliott v. State, 2019 Ga. LEXIS 112 (Feb, 18, 2019). This search … Continue reading

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OH5: Officers continually refreshed the voluntariness of the encounter so consent valid

Defendant’s consent to search was ‘voluntary, uncoerced and valid’ and the detectives continually refreshed the voluntariness of the encounter, and continued to meet with complete cooperation from defendant. State v. Gomez, 2019-Ohio-481, 2019 Ohio App. LEXIS 499 (5th Dist. Feb. … Continue reading

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CA4: 31 day delay in getting SW for cell phone was unreasonable

The government’s 31 day delay in getting a search warrant for defendant’s cell phone after its seizure was unreasonable and required suppression of the alleged child pornography on the phone. Because defendant was sentenced to life, the error was not … Continue reading

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IA: Def’s consent to patdown for weapons wasn’t consent to open container that could not have contained a weapon

Defendant consented to a patdown for weapons. Removing an object and opening it that couldn’t be holding a weapon exceeded the consent. State v. Hampton, 2019 Iowa App. LEXIS 108 (Feb. 6, 2019). The evidence the police gathered showed that … Continue reading

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NY2: SW for person and house didn’t permit search of cars out front

The search warrant was for defendant’s person and his house. The police also searched two cars on the premises. The court finds the cars outside the warrant and suppresses them. People v. Gordon, 2019 NY Slip Op 00901, 2019 N.Y. … Continue reading

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N.-M. Ct.Crim.App.: Def knowingly consented to cell phone search in stalking investigation; he was graduate of Naval Academy

Defense counsel was not ineffective for not challenging defendant’s consent to search of his cell phone in a stalking investigation. Defendant understood that the scope of the search would be as broad as necessary, and he knowingly consented. The court … Continue reading

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C.D.Cal. LAPD didn’t violate 4A by not returning a seized gun without a court order as required by CA law

Plaintiff sued LAPD for not returning firearms seized without a state court order as required by California law. Plaintiff hasn’t shown that the LAPD policy violates the Fourth Amendment. Wright v. Beck, 2019 U.S. Dist. LEXIS 15778 (C.D. Cal. Jan. … Continue reading

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CA4: Bodycam video shows consent to enter and statement made were voluntary

The government had consent to enter defendant’s home, and he was convicted of illegal entry and deported. The bodycam video supports the finding of voluntary consent. United States v. Azua-Rinconada, 2019 U.S. App. LEXIS 2783 (4th Cir. Jan. 28, 2019):

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Minor discrepancies and lack of contemporaneous notes of surveillance didn’t make these observations not credible to fact finder

Some discrepancies in the testimony of two officers about defendant’s consent doesn’t make them unbelievable. It’s the province of the fact finder, here the USMJ, to make that determination and consent was found by a preponderance of the evidence. United … Continue reading

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OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable … Continue reading

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Cal.4: There is no 4A issue in police creating fake social media identities to “friend” a suspect to see more private pages

There is no Fourth Amendment issue in a police officer posing as a false friend on social media accounts to see defendant’s private pages he shares with others. Here, defendant was seen wearing a gold chain taken from his robbery … Continue reading

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WY: Detention was reasonably extended as RS developed and defendant consented

Defendant’s motion to suppress drugs seized after a traffic stop because of the scope of the detention was denied, given that the original purpose of the stop was not yet complete when the officer inquired about defendant’s travel plans and … Continue reading

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