Category Archives: Consent

OR: Evidence of refusal of a breath test doesn’t violate state constitution on self-incrimination or search

Because refusal of consent is a statutory rather than a constitutional issue, “the state’s use of evidence of defendant’s refusal to consent to a breath test at trial did not violate defendant’s right against compelled self-incrimination under Article I, section … Continue reading

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NE: Driver’s refusal to get out of car can be offense of refusal to obey lawful order

Because an officer can order a vehicle occupant out of a car under the Fourth Amendment (here because he couldn’t hear the driver because of a nearby ambulance), the occupant can be convicted of failure to obey a lawful order. … Continue reading

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D.P.R.: No justification shown for search of def’s vehicle during a traffic stop

Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading

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E.D.Mo.: Def’s lawyer was present and advised on consent, and it was voluntary

Defendant’s lawyer was present at the time consent was granted and advised defendant to do so. The consent is valid. United States v. Beckman, 2017 U.S. Dist. LEXIS 101142 (E.D. Mo. June 1, 2017), adopted, 2017 U.S. Dist. LEXIS 99954 … Continue reading

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OH7: Providing passcode to cell phone showed consent

Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search … Continue reading

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WI analyzes at length whether defendant impliedly consented and then actually consented

Wisconsin analyzes at length whether defendant impliedly consented and then actually consented, concluding that he did. State v. Brar, 2017 WI 73, 2017 Wisc. LEXIS 395 (July 6, 2017)*:

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LA4: No right to a Miranda warning when consent sought for DNA swab

Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading

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CO: Def’s visiting father opened hotel room door in response to a knock; she didn’t object and her statements are not suppressed

The police officer had entered defendant’s hotel room after her father, who did not live in the hotel room, opened the door in response to the officer’s knock. The court of appeals (unpublished) concluded that suppression was required because Stock’s … Continue reading

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OR: Generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside

Court reaffirms that generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside. State v. Winn, 361 Ore. 636, 2017 Ore. LEXIS 422 (June 29, 2017). … Continue reading

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E.D.Tenn.: No IAC where nothing from unchallenged alleged illegal search was put used at trial

Defense counsel can’t be ineffective for not filing a motion to suppress where nothing from the search was put into evidence at defendant’s trial. There is no prejudice. Jordan v. United States, 2017 U.S. Dist. LEXIS 102698 (E.D. Tenn. July … Continue reading

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