Category Archives: Consent

CA7: Airbnb tenant who was theft victim can consent to police entry to rental unit

Plaintiff’s Airbnb tenant suffered a theft, and he had the authority to consent to an entry by police to investigate it. Wonsey v. City of Chicago, 2019 U.S. App. LEXIS 30651 (7th Cir. Oct. 15, 2019).* The officer didn’t prolong … Continue reading

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AZ: Presenting a consent form after def lawyers-up doesn’t violate Miranda

Defendant was Mirandized, and she lawyered up. She was presented with a consent form for her cell phone with the understanding that if she didn’t consent they’d get a search warrant. She didn’t ask for a lawyer, and she consented. … Continue reading

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E.D.Mich.: Giving password to computer and Facebook account waived REP as to that person

Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading

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NE: After stop concluded, “[H]ey, before you go, do you have a minute to talk to me?” led to consensual extension of stop

The officer, in effect, told defendant she was free to leave, but he kept talking. “Second, VanWinkle did not require compliance with her request. VanWinkle asked, ‘[H]ey, before you go, do you have a minute to talk to me?’ The … Continue reading

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CA9: Def didn’t show standing in package without his name on it or showing knowledge of contents

Defendant’s papers didn’t show that he had a reasonable expectation of privacy in a package that arrived on June 5th. His name wasn’t on the package as sender or receiver, the package arrived June 6th, and he didn’t say he … Continue reading

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E.D.Va.: Def doesn’t lose REP in cell phone by loaning it out while he’s in jail

The government obtained defendant’s cell phone from somebody else using it while he was in jail, and they sought a search warrant which was denied. Later they searched the phone and claimed defendant had no standing. The court finds defendant … Continue reading

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TN: Defendant’s consent was voluntary; he was twice told he could refuse

Defendant consented to a search of his motel room, and he was twice told he had the right to refuse a consent search. State v. Savage, 2019 Tenn. Crim. App. LEXIS 582 (Sept. 19, 2019). Defendant wasn’t seized when he … Continue reading

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D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A

The Coast Guard boarded a Bahamian ship when it arrived in port in Delaware to inspect its potential for oil discharge and pollution. At issue was the oily water separator which was observed in operation, and this led to the … Continue reading

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CA6: District Court’s credibility determination underlying consent to search aren’t reviewable

“Second, Harris asserts that the inconsistencies between Gilbert’s and Wilbanks’s testimony undercut the district court’s credibility finding. This is a steep hurdle for Harris because the district court is ‘in the best position to judge credibility’ and we will not … Continue reading

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IN: State’s motion to reconsider suppression order led to time for interlocutory appeal to run

The state’s motion to the trial court to reconsider its suppression order was denied. In the meanwhile, the time to seek interlocutory appeal of the suppression order lapsed. Appeal dismissed. State v. Fahringer, 2019 Ind. App. LEXIS 404 (Sept. 12, … Continue reading

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the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures

the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures by Amy Martyn:

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OH2: Def taken to hospital for mental eval couldn’t have clothes inventoried by police because of lack of arrest

Defendant was detained and taken to a hospital for a mental evaluation. He was made to change into hospital clothing, and his clothes were placed in a hospital property bag. The police inventory of the bag wasn’t justified because defendant … Continue reading

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