Category Archives: Consent

OR: Parents’ consent to taking DNA from juvenile wasn’t valid

A juvenile accused of a sex offense also has to consent with his parents to taking a DNA swab. The parent’s consent alone is not enough. In re H. K. D. S., 305 Ore. App. 86, 2020 Ore. App. LEXIS … Continue reading

Posted in Consent, DNA | Comments Off on OR: Parents’ consent to taking DNA from juvenile wasn’t valid

WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

“We conclude that the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement. However, we … Continue reading

Posted in Consent, Good faith exception, Informant hearsay | Comments Off on WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

GA: Consent at beginning of stop didn’t mean a second search after the stop should have ended

Defendant consented to a search of his car early on into the traffic stop. After the purpose of the stop was completed, a second search of the car wasn’t covered by the initial consent. State v. Drake, 2020 Ga. App. … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off on GA: Consent at beginning of stop didn’t mean a second search after the stop should have ended

GA: Officer’s request for consent to search didn’t require Miranda warning

Defendant’s questions about his arrest and the officer’s request for consent did not require a Miranda warning. State v. Pauldo, 2020 Ga. LEXIS 447 (June 16, 2020). N.9:

Posted in Arrest or entry on arrest, Consent | Comments Off on GA: Officer’s request for consent to search didn’t require Miranda warning

CA7: Quick-turn flights of private airplane can contribute to RS

A private airplane’s “quick-turn flights, although not necessarily illegal, may contribute to reasonable suspicion of criminal conduct.” (California to Pennsylvania and waiting only a few hours; here stopped in Illinois) That, coupled with other information the officers had was reasonable … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off on CA7: Quick-turn flights of private airplane can contribute to RS

E.D.N.C.: Police not required to leave car on property of another rather than impound it

The impoundment of defendant’s car on the property of another was reasonable. Officers were not required to wait for defendant to locate somebody to retrieve the car, and they didn’t have to leave it to inconvenience the property owner. United … Continue reading

Posted in Consent, Inventory | Comments Off on E.D.N.C.: Police not required to leave car on property of another rather than impound it

Cal.2: Mistake of fact def was on probation made probation search unreasonable

Officers thought defendant was on probation and searched him, but he wasn’t at the time. The state put on no evidence of good faith, so the search fails for lack of a factual or legal basis for the search. People … Continue reading

Posted in Consent, Probation / Parole search | Comments Off on Cal.2: Mistake of fact def was on probation made probation search unreasonable

OH6: State didn’t show unequivocal consent on dashcam video

Defendant’s maybe nodding her head yes was contrary to her words on the dashcam video. There was no unequivocal voluntary consent. State v. Casi, 2020-Ohio-3063, 2020 Ohio App. LEXIS 2010 (6th Dist. May 22, 2020). “Although the video of Vaclavik’s … Continue reading

Posted in Consent | Comments Off on OH6: State didn’t show unequivocal consent on dashcam video

CA3: Driving on suspended DL justifies inventory of car, so search was inevitable

Defendant was driving on a suspended license, and it was inevitable that his car would be towed and inventoried. The search was thus not suppressed. United States v. Bradley, 2020 U.S. App. LEXIS 15593 (3d Cir. May 15, 2020). The … Continue reading

Posted in Consent, Inevitable discovery, Stop and frisk | Comments Off on CA3: Driving on suspended DL justifies inventory of car, so search was inevitable

OR: Common authority, not ownership, confers actual authority to consent

“It is common authority, not legal ownership, that confers actual authority to consent to a search. … In this case, the evidence was sufficient for the court to find that A shared common authority with defendant over the bedroom and … Continue reading

Posted in Apparent authority, Consent, Franks doctrine | Comments Off on OR: Common authority, not ownership, confers actual authority to consent

MN: REP in hotel registry information under state constitution

A hotel customer has a reasonable expectation of privacy in the hotel’s registry information about the customer from government intrusion, at least with reasonable suspicion under the state constitution. The statute permitting inspection is constitutional with this limitation. The officer’s … Continue reading

Posted in Consent, State constitution | Comments Off on MN: REP in hotel registry information under state constitution

IL: Bailee of vehicle has no authority to open or permit search of sealed packages or containers inside

A bailment of a vehicle doesn’t give the bailee the authority to consent or open sealed packages or containers inside. People v. Ortega, 2020 IL App (1st) 162516, 2020 Ill. App. LEXIS 236 (Apr. 10, 2020):

Posted in Consent | Comments Off on IL: Bailee of vehicle has no authority to open or permit search of sealed packages or containers inside

CA6: Officer in SW affidavit doesn’t have to state he was trained in recognizing odor of MJ

The officer did not have to specify in the affidavit for search warrant that he had specialized training in detecting the smell of marijuana for there to be probable cause. The government showed by a preponderance of the evidence the … Continue reading

Posted in Community caretaking function, Consent, Plain view, feel, smell, Probable cause | Comments Off on CA6: Officer in SW affidavit doesn’t have to state he was trained in recognizing odor of MJ

D.R.I.: Threat that def could lose kids to state if she didn’t consent made it involuntary

Consent was not voluntary where the officer told defendant that DCYF might take her kids. Had police sought a search warrant, there was no nexus. “The Court finds that law enforcement could not have shown a sufficient nexus between Almonte’s … Continue reading

Posted in Consent | Comments Off on D.R.I.: Threat that def could lose kids to state if she didn’t consent made it involuntary

E.D.Ky.: Fire chief could consent to search of dept. owned laptop in possession of a Lt. (his son)

Defendant was a lieutenant in the fire department, and his father was the chief. He was using a city owned laptop. After he was arrested for exposing himself in a Walmart bathroom, dad had the apparent and actual authority to … Continue reading

Posted in Apparent authority, Computer and cloud searches, Consent, Search incident | Comments Off on E.D.Ky.: Fire chief could consent to search of dept. owned laptop in possession of a Lt. (his son)

CA8: District court’s findings of voluntary consent supported by record despite language barrier and defense language expert

Despite a language barrier and a Spanish-language expert saying the officer’s request was ambiguous, the district court found that defendant consented to a search of his luggage. That finding is not clearly erroneous, even considering all the record. The officer … Continue reading

Posted in Consent | Comments Off on CA8: District court’s findings of voluntary consent supported by record despite language barrier and defense language expert