Category Archives: Consent

GA: Guest had standing but he was subject to owner’s consenting

Defendant had standing as an overnight guest, but he was subject to the consent of the owner. Here, the owner did. Doleman v. State, 2018 Ga. LEXIS 791 (Dec. 10, 2018). Defense counsel wasn’t ineffective for embracing the fact that … Continue reading

Posted in Consent, Ineffective assistance | Comments Off on GA: Guest had standing but he was subject to owner’s consenting

N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form

The officer used a smartphone translation application which has been disapproved of by other courts. Here, however, defendant also got a form in correct Spanish, and that overcame the use of the app. United States v. Salemi-Nicoloso, 2018 U.S. Dist. … Continue reading

Posted in Consent, Private search | Comments Off on N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form

WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked

The body camera video showed neither exigency nor consent for the entry into defendant’s apartment. Silently going along with the officer’s several directives, not requests, didn’t show that defendant consented. Even if defendant had consented, the attempt to close the … Continue reading

Posted in Consent, Emergency / exigency | Comments Off on WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked

NH: Request to consult with counsel doesn’t weigh against finding voluntary consent

Defendant’s consent was voluntary on the totality. “There is no evidence that the detectives coerced the defendant into signing the consent form and the defendant offered no evidence to the trial court that conflicted with Lombardi’s testimony regarding the facts … Continue reading

Posted in Consent | Comments Off on NH: Request to consult with counsel doesn’t weigh against finding voluntary consent

M.D.Pa.: Consent to “look around the home” is broad consent

Consent to “look around the home” is broad consent. “Here, Special Agent Kovach asked Defendant if he minded if the ATF agents looked around the Home, to which Defendant replied, ‘No.’ … Special Agent Kovach’s search request was broad, and … Continue reading

Posted in Consent, Scope of search | Comments Off on M.D.Pa.: Consent to “look around the home” is broad consent

CA8: Randolph co-tenant consent doesn’t limit domestic abuse investigations

Defendant’s co-tenant consented to a police entry for a domestic abuse investigation, and then defendant later objected. Randolph does not limit the ability of the police to protect domestic abuse victims. Once inside, a protective sweep was permissible, too. Police … Continue reading

Posted in Consent, Protective sweep, Warrant execution | Comments Off on CA8: Randolph co-tenant consent doesn’t limit domestic abuse investigations

D.Conn.: Use of a partial ruse to get in the door quickly turned to the subject of the investigation; consent was voluntary on totality

Defendant was under investigation for attempting to buy a firearm as a convicted felon in a gun store. The police came to visit him and used the excuse of defendant’s prior assault claim. It was somewhat misleading when they got … Continue reading

Posted in Consent | Comments Off on D.Conn.: Use of a partial ruse to get in the door quickly turned to the subject of the investigation; consent was voluntary on totality

CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required

Defendant’s wife had a seizure and stopped breathing at 5 am. He called 911. The police secured the home and denied him access. They obtained alleged consent after a few hours. They didn’t get a search warrant until 10 pm … Continue reading

Posted in Consent, Exclusionary rule, Good faith exception, Seizure | Comments Off on CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required

FL2: State failed to show search of house was within limited scope of def’s consent

Police received a shots fired call involving a duplex. When defendant opened his door, they could see a shell casing and smelled gunpowder from a fired gun. A protective sweep occurred finding nothing. The exigency was over. Defendant gave a … Continue reading

Posted in Consent, Independent source, Scope of search | Comments Off on FL2: State failed to show search of house was within limited scope of def’s consent

S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

Basic questions about defendant’s cell phone as a prelude to asking for consent to search it is an exception to Miranda. United States v. Okparaeke, 2018 U.S. Dist. LEXIS 188191 (S.D. N.Y. Nov. 3, 2018):

Posted in Consent | Comments Off on S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

Asking that a lawyer get to look at a search warrant with an electronic signature for validity is not a refusal to consent under Georgia v. Randolph. United States v. Sanchez, 2018 U.S. Dist. LEXIS 187115 (M.D. Fla. Nov. 1, … Continue reading

Posted in Consent, Independent source | Comments Off on M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

Posted in Consent, Exclusionary rule, Independent source, Protective sweep | Comments Off on N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep