Category Archives: Consent

M.D.Fla.: Def had officer’s card and could have revoked consent to search cell phone by telephone call or letter

When officers took defendant’s phone by consent and one left his card, he could have revoked consent by calling and leaving word with his office or writing a letter. United States v. Butler, 2020 U.S. Dist. LEXIS 51782 (M.D. Fla. … Continue reading

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CT: That PC is less than a preponderance is well established in constitutional law; court declines to adopt preponderance standard here

Officers had probable cause defendant possessed child pornography on his computer from his roommate’s seeing him look at two pictures in succession of nude children. The longstanding principle is that probable cause is less than a preponderance, and the court … Continue reading

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E.D.Wis.: Franks hearing denied; even if what def says is true, PC not undermined

Defendant makes a Franks challenge to events recounted from one day in the time line, which the court finds not material to the ultimate showing of probable cause. Therefore, there was an insufficient preliminary showing for a hearing. United States … Continue reading

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M.D.La.: Sometimes there’s SW for a pretrial detainee’s cell

Defendant was detained pretrial for a murder for hire indictment, and he’d been moved around from one contract holding center to another for assaulting other inmates. A search warrant had been obtained for his cell for evidence of obstruction of … Continue reading

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N.-M.: Exceeding scope of consent required suppression

Defendant gave consent to Army CID at Ft. Lejeune to look in Facebook Messanger to investigate a theft where defendant was the alleged victim. The CID investigator went into the phone and searched 43,000 thumbnail images hoping to find child … Continue reading

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TX8: Defense subpoena to complaining witness for cell phone dump wasn’t authorized by statute

A defense subpoena to the complaining witness seeking a cell phone dump was beyond the powers of the statute authorizing the subpoenas. A conditional writ of mandamus granted. In re State, 2020 Tex. App. LEXIS 2192 (Tex. App. – El … Continue reading

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ID: Dep. of Environmental Quality didn’t violate any REP by entering where it’s open to the public

The state Department of Environmental Quality inspectors did not violate respondent’s reasonable expectation of privacy by entering. His property was open “24/7” to the public. Idaho Dep’t of Envtl. Quality v. Gibson, 2020 Ida. LEXIS 48 (Mar. 11, 2020):

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Cal.3: The evidence supports the conclusion that def consented to his blood draw

Substantial evidence supported the finding that defendant consented to his blood draw. After the officer instructed her that the implied consent law required her to undergo a blood draw, defendant did not object or refuse to undergo the test, did … Continue reading

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CA2: Arrest for selling crack justifies search incident

Arrest for selling crack justified a search incident, and the district court erred in holding otherwise. United States v. Williams, 2020 U.S. App. LEXIS 6768 (2d Cir. Mar. 4, 2020). The evidence supports the trial court’s conclusion the search was … Continue reading

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OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

Driver’s consent to search car did not extend to passenger’s backpack. The state’s reliance on inventory failed for not proving up the policy. State v. Pennington, 2020-Ohio-757, 2020 Ohio App. LEXIS 688 (5th Dist. Mar. 2, 2020). “After considering the … Continue reading

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ID: Lack of objection to body cam video showing refusal of consent wasn’t plain error

The police properly seized defendant’s home to preserve evidence of murder on exigent circumstances. There was also a reasonable protective sweep. Defendant didn’t object to the body cam video that had a refusal to consent to the house search, and … Continue reading

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D.Minn.: Consent to seize cell phone was voluntary; def wasn’t even seized

Consent to seizure of defendant’s cell phone was voluntary: “There is no evidence in the record suggesting Thompson’s consent to turn over her phone was involuntary. The request for her phone occurred in a public place and the entirety of … Continue reading

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