Category Archives: Consent

W.D.Pa.: Four prior controlled buys and def’s arrival at location for another was PC

Officers had four controlled buys and defendants were arriving at a predetermined location for another one. That was probable cause. United States v. Boxley, 2019 U.S. Dist. LEXIS 214715 (W.D. Pa. Dec. 13, 2019).* Consent to search the premises was … Continue reading

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D.Neb.: Def consented to a dog sniff, but there was RS anyway

The stop was based on a traffic violation, and reasonable suspicion developed for a dog sniff. In addition, defendant was asked to consent to a dog sniff and did: “When initially asked for consent, Defendant responded, ‘I guess so, I … Continue reading

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TX14: Bodycam video supported trial court’s findings of voluntariness of consent to search

The bodycam video supports the trial court’s conclusion that the consent to search was voluntarily given. Blue v. State, 2019 Tex. App. LEXIS 10658 (Tex. App. – Houston (14th Dist.) Dec. 10, 2019) (with a dissent). “Kelley’s only claim–a Fourth … Continue reading

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NY1: SW for cell phone overbroad; no justification for searching photographs

The search warrant for the contents of defendant’s cell phone was overbroad because there was no justification for the breadth of search. This was a sex abuse case, but there was never any indication defendant possessed child pornography on the … Continue reading

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CA1: Mere fact friend had possession of def’s bags didn’t show actual or apparent authority to consent

Defendant stored bags with a friend, and he ended up in jail. There was no actual or apparent authority shown for her to consent to search of the bags. The government carries the burden on both, and it fails. The … Continue reading

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OH8: State’s losing exhibits from suppression hearing requires new trial

Appellant appeals the denial of his suppression motion, but a bunch of the exhibits are missing. The state relies on precedent that it’s the appellant’s obligation to bring up a record. The state, however, somehow got Exhibits 1-23 back and … Continue reading

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D.Guam: 4A standing is not jurisdictional, so the court can go to GFE without deciding PC

Standing to contest a search and seizure issue is not jurisdictional, so the court doesn’t have to decide standing. Going to the merits, there was probable cause for the search warrant for the package arriving by mail, and the delay … Continue reading

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E.D.Tenn.: Consent shown on the totality that def didn’t have to cooperate

“The totality of the circumstances here indicate consent, not mere acquiescence by Defendant. Regarding Defendant’s relevant characteristics, he is an adult, and there is no reason to think this was his first encounter with law enforcement, given that he is … Continue reading

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D.Mont.: Being ordered from your vehicle doesn’t require a Miranda warning

Being ordered from your vehicle doesn’t require a Miranda warning. Mimms, of course, permits the occupants to be ordered out. Over time, this ripened to reasonable suspicion. United States v. Lugo, 2019 U.S. Dist. LEXIS 200612 (D. Mont. Nov. 19, … Continue reading

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KS: Welfare check turned into unreasonable seizure without RS

The officer was called to a convenience store for a welfare check of a woman inside who apparently was sick. When she finally came out, she was fine and appeared fine, but the officer, for no apparent reason, escalated the … Continue reading

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E.D.Mo.: Def consented to four undercover officers who first met him at post office to search house for a wanted man

Four undercover officers followed defendant to the Post Office, and they approached him about Jordan being at his house. He said they could come to the house, and he consented to an entry into the house and the look for … Continue reading

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OH2: Open-ended consent to search a car includes closed containers, here def’s purse

During a traffic stop, defendant consented to a search of her car. She was out of the car and her purse was inside. The consent was open-ended, and it thus would include closed containers, like her purse in the front … Continue reading

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