Category Archives: Consent

PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff

Defendant’s consent to two officers to conduct a search of his car didn’t extend to a dog sniff, too, because there wasn’t a dog there at the time, and that would be the common understanding. Commonwealth v. Valdivia, 2018 Pa. … Continue reading

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GA: Remanded for findings on whether def consented to forensics search of his cell phone

Defendant was on the state sex offender registry, and he was subject to compliance checks. Six officers from two agencies came to his house for his compliance review and they talked to him. They were lawfully on the premises under … Continue reading

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E.D.Mich.: City DPW employee had REP in backpack in a city work vehicle; city couldn’t consent to its search

Defendant had a reasonable expectation of privacy in her backpack in a city work vehicle despite a city policy that city work vehicles can’t be used for illegal purposes. Consent to search the backpack could not be given by defendant’s … Continue reading

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CA10: Deception def was victim of ID theft didn’t make encounter less consensual; officers really wanted to talk about CP

Officer’s deception defendant was the victim of online identify theft did not make his consensual encounter with the officers involuntary. Then they told him it was about child pornography. United States v. Dates, 2018 U.S. App. LEXIS 27983 (10th Cir. … Continue reading

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NC: Def’s consensual return to scene of search warrant didn’t violate Bailey

Officers investigating a sex offense had plenty of reasonable cause for a search warrant. Officers were watching the house and stopped defendant after he left and they got him to return to the place of the search in his own … Continue reading

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IN: SW for house and garage permits search of car found in garage

Officers had a search warrant for a house and garage. A car found in the garage could be searched under the warrant. State v. Lucas, 2018 Ind. App. LEXIS 347 (Oct. 1, 2018). The search warrant didn’t describe firearms and … Continue reading

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N.D.Ga.: While the question is close, consent was voluntary on the totality; it was asked for, not coerced

Officers were in the house and finally asked for permission to search. While the question is close, the court finds consent was voluntary on the totality. United States v. Avellaneda-Dimas, 2018 U.S. Dist. LEXIS 161865 (N.D. Ga. July 24, 2018),* … Continue reading

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D.N.M.: Def rejected consent twice but consented on the third non-coercive request

The search of defendant’s purse was by consent. She was stopped at the Albuquerque Greyhound station by the DEA and asked twice for consent to search her purse, and he asked why. Finally, the DEA agent asked if she could … Continue reading

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D.Ariz.: Threat to use a Taser vitiates consent

Defendant’s alleged consent at the I-19 checkpoint in Arizona was involuntary. She was on a bus that was stopped, she was seized, she could not leave the secondary checkpoint, the CBP agent followed her, “when Ms. Rodriguez hesitated or became … Continue reading

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AR: Suppression hearing is a critical stage requiring counsel

A suppression hearing is a critical stage, and defendant’s being forced to go through a suppression hearing without counsel violated the Sixth Amendment. Shabazz v. State, 2018 Ark. App. 399, 2018 Ark. App. LEXIS 499 (Sep. 5, 2018). Defendant’s consent … Continue reading

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MS: Victim’s claim she was raped at def’s house justifies SW for it

A rape victim’s claim that defendant took her to his house and raped her then took her to school was probable cause for a search warrant for the house. Whittaker v. State, 2018 Miss. App. LEXIS 409 (Aug. 28, 2018). … Continue reading

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GA: Police entry here was not by consent but by acquiescence to claim of authority

“The grandmother merely acquiesced to the authority of the officers, as the record reflected that, after the child was pronounced dead, numerous members of law enforcement responded to the residence in order to investigate the death of the child without … Continue reading

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