Category Archives: Consent

D.N.J.: Anonymous Crimestopper tip was too generic to be RS

Crimestopper’s anonymous tip that was not corroborated and had only generic information identifying the suspect had “virtually no indicia of reliability.” The stop violated the Fourth Amendment. United States v. Little, 2017 U.S. Dist. LEXIS 125664 (D. N.J. Aug. 8, … Continue reading

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CA8: Def consented by his admissions on two recordings and rejecting expert witness saying consent form was forged

The district court’s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government’s cross examination attacked the witness’s methodology and qualifications, … Continue reading

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E.D.Wash.: An administrative search to enter a govt building has to be reasonable, too, with a warning of consent and this was far too intrusive

Defendant was subjected to an intense search of all his belongings by attempting to enter a Social Security office in eastern Washington by private security contractors working the metal detector and x-ray machine. There was inadequate notice and consent of … Continue reading

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D.Kan.: Conflicts in govt’s testimony doesn’t support its claim of consent

The testimony about whether the officers asked to come in to talk just because it was cold outside or because they wanted to ask questions in an investigation was unclear. Therefore, the court concludes that the government did not meet … Continue reading

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IA: Passenger in a car being impounded should have been permitted to keep her purse and not leave it in car

Defendant was a passenger in a car stopped for expired tags. She should have been allowed to keep her purse when she got out of the car. Instead, she was told to leave it in the car, and then it … Continue reading

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FL3: Tossing object in flight from car after stop was abandonment

The officer encountered defendant passenger sitting in a car in a no parking zone and directed him out of the car because of a fear of weapons. Defendant got out and ran, discarding an object as he ran. That was … Continue reading

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CA3: Nervousness in a high crime area isn’t RS

Defendant was in a “high crime” area around an apartment complex, and he was nervous when accosted by a law enforcement officer, something normal. This just wasn’t enough to be reasonable suspicion. United States v. Alvin, 2017 U.S. App. LEXIS … Continue reading

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E.D.Pa.: Security video of def’s business belies his claim of coerced consent for search

Defendant moves to suppress the search of his business because he claimed his consent was coerced. His specific claims of coercion are belied by the security video from the business. Denied. United States v. Hunt-Irving, 2017 U.S. Dist. LEXIS 108253 … Continue reading

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ND: Video supports trial court’s finding of no consent to blood test

The video of defendant’s stop supports the trial court’s finding of lack of consent, and it’s affirmed. “The district court’s decision to suppress the results of the blood test was based upon a finding Hawkins did not voluntarily consent to … Continue reading

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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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