Category Archives: Consent

N.D.Ga.: Officer’s SW affidavit that said def could be ID’ed from his tattoos without seeing his face wasn’t false

Defendant was ID’ed by the police from surveillance videos, and it was a false statement that they could ID him without seeing his face. The search warrant to photograph his tattoos was issued with probable cause. United States v. Mitchell, … Continue reading

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D.Ore.: Rental car company can’t be a third-party consenter just because def was unauthorized driver

Defendant was an unauthorized driver of a Dollar rental car. When he was stopped, the officer called Dollar, and they wanted the car repossessed. The court finds that the car rental company cannot be a third-party consenter to a search … Continue reading

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E.D.Mich.: 2255 IAC challenge to warrant completely contradicted by record of conviction and appeal [this was farfetched]

Defendant’s 2255 Fourth Amendment/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn’t be ineffective for not coming up with that. United States v. Fonville, 2019 … Continue reading

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N.D.Ohio: Officers knew def had CP on cell phone; finding cell phone in plain view permitted seizure

Even assuming the search warrant covered only under the roof, defendant’s cell phone was found in plain view on the driveway and it’s incriminating nature was already known to the officers, therefore, readily apparent. United States v. O’Neill, 2019 U.S. … Continue reading

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OH10: Carpenter not shown to be retroactive for post-conviction purposes

Defendant’s post-conviction petition seeking to apply Carpenter is denied. It’s a successor petition and untimely, and Carpenter isn’t shown to be retroactive. State v. Teitelbaum, 2019-Ohio-3175, 2019 Ohio App. LEXIS 3268 (10th Dist. Aug. 8, 2019).* Defendant consented to talk … Continue reading

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WA: EMTs would be medicating and intubating def in transit after car wreck, and that’s exigency for warrantless blood draw

Defendant was in a bad wreck and the first responders could smell alcohol. He was going to be medicated and intubated for transport to the ER. A warrantless blood draw was reasonable for exigent circumstances because the sample would have … Continue reading

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VT: Flagging down def in driveway while officer on welfare check call was consensual stop; led to DUI arrest

A state trooper went to defendant’s house for a welfare check on a person, and pulled in the driveway and started toward the house. A car was coming down the driveway and he waved for the car to stop so … Continue reading

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OH10: Def’s stop turned from consensual to a seizure when the officer saw a baggie of drugs in his hand

Defendant and another were encountered by police after coming out of a drug house. The encounter was consensual until defendant tried to walk away, but the officer had already seen a baggie of drugs in his hand by plain view. … Continue reading

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W.D.Tex.: Cell phone search at border crossing was by consent

Defendant was a regular at the Americas bridge port of entry at El Paso being a community college student and an El Paso Walmart employee. One time, he rejected sending his car through the x-ray machine, and his cell phone … Continue reading

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D.V.I.: Consent wasn’t voluntary where def refused consent and officers kept asking

Defendant’s consent was involuntary. He refused consent and the officers kept asked him three times to get him to agree. United States v. Clark, 2019 U.S. Dist. LEXIS 126985 (D. V.I. July 30, 2019). Defendant on the totality consented to … Continue reading

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CA6: Attacks on facts of PC with “what-ifs” are question for jury on proof BRD

There was probable cause for defendant’s arrest. “Ruffin offers a parade of what-ifs in response” to that, but they’re all questions for the jury on guilt beyond a reasonable doubt, not probable cause. United States v. Ruffin, 2019 U.S. App. … Continue reading

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VA: Lying to police during consensual encounter then refusing admittance to home isn’t obstruction

Obstruction conviction reversed: “[T]here is no statute or case law that stands for the proposition that lying to law enforcement officers during a consensual encounter, or failing to admit them to one’s home on request, constitutes an obstruction of justice … Continue reading

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