Category Archives: Consent

GA: Unjustified protective sweep suppressed

The “security sweep” of defendant’s dwelling violated the Fourth Amendment. No justification for the entry and no exigent circumstances were shown. Defendant’s alleged consent came after the unlawful entry. Denial of suppression reversed. Thompson v. State, 2023 Ga. App. LEXIS … Continue reading

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NM: State had to support search incident to arrest of def’s purse at suppression hearing and didn’t

Defendant’s purse over the shoulder was not part of her person. It was removed from her and later searched incident to arrest. The state failed to support the search incident doctrine at the suppression hearing of where the purse was … Continue reading

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WV: When asked for consent to search his house, def said ‘F*** it. Come on.’ That was consent.

“After some discussion of his choice to voluntarily agree to a search or wait until a search warrant was obtained, petitioner left the trooper’s vehicle, saying words to the effect of ‘F*** it. Come on.’ He walked toward his house … Continue reading

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M.D.Tenn.: Repeatedly re-asking for consent to search cell phone doesn’t make it coercive

“Guerrero argues he was coerced into consenting to the search because the agents continued to ask for consent after he avoided answering the question and they threatened to obtain a search warrant if he did not consent. True, the agents … Continue reading

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FL6: Search incident of backpack and fanny pack removed before stop was unreasonable

Defendant was stopped on a bicycle. His backpack and fanny pack were removed from him and placed on the hood of the police car. The search incident doctrine did not apply to them under Gant. They were out of his … Continue reading

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DC: Juvenile’s mother who owned cell phone and account could consent to search of the phone

A juvenile’s mother who had the child’s cell phone in her name because she bought it and it was on her account and the child lived with her gave her apparent authority to consent to search of the phone. In … Continue reading

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OR: All electronic devices seized to be searched require PC showing

The affidavit for warrant did not show justification for search of all the electronic devices that were seized and then searched. State v. Cannon, 299 Ore. App. 616, 450 P.3d 567 (2019). (Probable cause was conceded as to some devices.) … Continue reading

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N.D.Ind.: No IAC where def pled but co-def prevailed on 4A claim

Defendant entered into a beneficial plea agreement and pled to a superseding information and was sentenced. Later, the passenger in his car filed a motion to suppress and prevailed. Still, this was not ineffective assistance of his counsel. “Aside from … Continue reading

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N.D.Ohio: Passenger’s false info justified extending stop

“Based upon all of the above, the roughly 2 minutes and 23 seconds that Sergeant Perrin spent trying to determine why the passenger had given his false information was not an unreasonable extension of the duration of stop.” United States … Continue reading

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NM: Passenger’s lie about age was RS to continue stop

The passenger’s admitted lie about his age was reasonable suspicion to continue the stop. He wasn’t forthcoming in giving his age and first lied about it. It was permissible to ask the passenger about his identifiers. State v. Vasquez-Salas, 2023 … Continue reading

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D.S.D. & OH5: When challenging another court’s SW, it has to be filed with the papers for the court to rule

Defendant challenges the tribal search warrant as lacking probable cause and being vindictively obtained, the latter of which does not exist under Rule 41. He fails to include the warrant papers so the court can’t rule. United States v. Floyd, … Continue reading

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S.D.Ga.: Probation search waiver valid despite def not signing it

Defendant’s probation Fourth Amendment waiver was still valid by law despite the fact he hadn’t signed the form. United States v. Crawford, 2023 U.S. Dist. LEXIS 140719 (S.D.Ga. July 7, 2023), adopted, 2023 U.S. Dist. LEXIS 139645 (S.D. Ga. Aug. … Continue reading

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CA10 doesn’t have to decide whether furtive movement alone supports vehicle protective sweep

Furtive movements alone may or may not be enough to justify a protective sweep of a car, a question this circuit has never decided. Here, however, there was the additional fact of a “slow roll” to a stop which was … Continue reading

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VT: 14-year-old sex assault victim had sufficient common authority to consent to search of premises for evidence of that crime

Defendant was accused of sexual assault of his 14-year-old daughter, he was arrested, and released on conditions, one of which was a no contact order to say away from the house. The 14-year-old had enough common authority to consent to … Continue reading

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Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

The parole search was valid. “Defendant offers no argument that the search qualified as harassing, arbitrary, or capricious.” People v. Session, 2023 Cal. App. LEXIS 549 (4th Dist. July 19, 2023). Defendants were stopped in a go fast vessel (GFV) … Continue reading

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W.D.Mo.: No standing in a stolen car

No reasonable expectation of privacy [standing] in a stolen car. United States v. Burkhalter, 2023 U.S. Dist. LEXIS 120556 (W.D. Mo. July 13, 2023). On a probation search, “Applying these principles, the Court finds that Brooks has failed to meet … Continue reading

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MD: Withdrawal of consent to computer search extended to copy of hard drive police made

“[D]efendant had reasonable expectation of privacy in data stored on his laptop’s hard drive, whether data was electronically stored on his hard drive or government’s copy of hard drive made with defendant’s consent. Defendant’s reasonable expectation of privacy was not … Continue reading

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S.D.Iowa: Accosting a person carrying a gun in an open carry state lacked RS

After Iowa permitted open carry, accosting defendant for carrying a firearm lacked reasonable suspicion. United States v. McMillion, 2023 U.S. Dist. LEXIS 117283 (S.D. Iowa June 30, 2023). The search warrant for defendant’s cell phone permitted a search by use … Continue reading

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D.P.R.: Indicted fugitive can have standing in a place even using an alias

Defendant being an unindicted fugitive using a false name still had a reasonable expectation of privacy in the place he was staying. This is different from the government’s authority involving convicted escapees. United States v. Cotto-Cruz, 2023 U.S. Dist. LEXIS … Continue reading

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E.D.Cal.: “No viable Takings Clause claim occurs when property has been disturbed by a lawful search warrant.”

“No viable Takings Clause claim occurs when property has been disturbed by a lawful search warrant. See AmeriSource Corp. v. United States, 525 F.3d 1149, 1154 (Fed. Cir. 2008) (‘so long as the government’s exercise of authority was pursuant to … Continue reading

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