Category Archives: Consent

WY: Detention was reasonably extended as RS developed and defendant consented

Defendant’s motion to suppress drugs seized after a traffic stop because of the scope of the detention was denied, given that the original purpose of the stop was not yet complete when the officer inquired about defendant’s travel plans and … Continue reading

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IL: Housesitter has no standing

House sitter and dog watcher had no reasonable expectation of privacy in the house he was watching. Officers at the door could also see drugs on the table from the door. He had no standing: “In sum, it is not … Continue reading

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OH: Request for consent for a DNA swab is not an interrogation.

A request for consent for a DNA swab is not an interrogation. “By making this request, Weinhardt was asking Tench to consent to a search. But ‘a request to search does not amount to interrogation.’ United States v. Smith, 3 … Continue reading

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OH11: Def was reasonably believed to be a resident in motel room, not a visitor, so arrest warrant permitted entry

Officers had reason to believe that defendant was a resident in the motel room, not a visitor, so an arrest warrant was enough for officers to enter. State v. Hughes, 2018-Ohio-5069. 2018 Ohio App. LEXIS 5384 (11th Dist. Dec. 17, … Continue reading

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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

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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

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WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked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

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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

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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

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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

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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

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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

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