Category Archives: Consent

D.Conn.: Not reasonable here to handcuff plaintiff for presenting handgun permit during traffic stop

Handcuffing plaintiff for presenting his handgun permit when stopped wasn’t reasonable. “Because, on the record read in the light most favorable to the non-moving party, no reasonable police officer could have believed he or she had probable cause to arrest … Continue reading

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ND: Co-tenant’s bedroom couldn’t be subject to probation search

Co-tenant’s bedroom in probationer’s house was not a common area subject to a probation search. Failure to object at the time isn’t consent. State v. Cochran, 2021 ND 141, 2021 N.D. LEXIS 141 (Aug. 5, 2021). Consent to search the … Continue reading

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CO: Consent to officer’s entry extended to her briefly leaving and reentering

Defendant’s consent for an officer to enter extended to her reentry after leaving to retrieve a camera and then returning (even before getting it). People v. Stone, 2021 COA 104, 2021 Colo. App. LEXIS 1089 (Aug. 5, 2021). Even though … Continue reading

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NY2: Justified search for mj didn’t justify looking at credit cards for forgery

The officer here could open a zippered pouch looking for marijuana, but he could not look at the credit cards inside to see if they were fraudulent. “On this record, Officer Zaleski’s discovery of three credit cards stacked inside a … Continue reading

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E.D.Cal.: No REP in a contraband cell phone in prison

Defendant had no reasonable expectation of privacy in a contraband cell phone found on him in prison. The contents of the phone were used in a drug distribution indictment. The government got a search warrant for the contents of the … Continue reading

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TX1: Voluntariness of consent shown by officers’ efforts to insure def understood what they were asking

The record supports the trial court’s finding of consent. Neither officer exhibited a firearm, spoke in a harsh or loud tone, or indicated to defendant that he could not leave. Instead, both officers were trying to help defendant understand what … Continue reading

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WA: Request for proof of payment of a bus fare is not a search

Request for proof of payment of a public transportation fare is not a seizure under the Fourth Amendment or the state constitution. Defendant consented to the terms of ridership by boarding the bus, which included paying the fare and having … Continue reading

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S.D.Fla.: PC for constructive possession shown; def doesn’t have to handle firearm in video

There was probable cause for defendant’s constructive possession of a firearm. The government didn’t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon … Continue reading

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S.D.Ga.: SW for this motel room wasn’t stale after two days

While a search warrant for a motel room, a more transient place than a home, might get stale faster, this one didn’t considering the nature of the allegations. “[B]ased on the totality of the circumstances, the evidence was not stale … Continue reading

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ND: Backpack removed from car before dog sniff couldn’t be searched based on dog’s alert on car

Probable cause was lacking to search a backpack removed from a vehicle shortly after the stop but before the dog alerted on the car. Search incident also did not apply: “In the absence of either a concern for officer safety, … Continue reading

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N.D.Iowa: Asking “What’s going on?” was not withdrawal of consent

The court adopts the R&R finding on the totality that defendant consented to a search of his backpack, despite some intoxication. His saying “What’s going on?” was not withdrawal of consent. United States v. Harden, 2021 U.S. Dist. LEXIS 126242 … Continue reading

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CA1: Direct evidence and indirect inferences showed PC

“Lindsey argues that there was no probable cause to believe there was evidence of drug dealing on the cellphones because the affidavit offered ‘no direct evidence’ that the phones would contain evidence of any drug dealing and the ‘indirect’ evidence … Continue reading

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D.Ore.: 3 min. wait for backup here did not unreasonably extend traffic stop

Three minute wait for backup officer to arrive did not unreasonably extend the stop based on the articulated justification: “Officer Carney called and waited for a cover officer so that he could safely carry out the mission of the traffic … Continue reading

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Army: Consent to search was mere acquiescence to a claim of authority

Defendant’s consent to search his apartment was obtained after telling him that it was based on the death of his roommate in the parking lot. He was in “custody,” and this was mere acquiescence to a claim of authority. “In … Continue reading

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E.D.Mich.: Even with redactions, SW affidavit shows PC

Redacted search warrant application showed probable cause even with redactions. United States v. Rivers, 2021 U.S. Dist. LEXIS 104195 (E.D. Mich. June 3, 2021). The officer had called for a tow truck for defendant’s car and an inventory was inevitable, … Continue reading

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D.Md.: State’s DoIT owns and controls state computers and can enter computers and offices for access; no REP in state computer

The State of Maryland’s Department of Information Technology owns and controls the computers on its network and has the authority to enter offices to enter computers. Here, child pornography was found. Defendant had no reasonable expectation of privacy in the … Continue reading

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CA9: Body cam video of unreasonable warrantless entry to house should have been suppressed; but harmless

The warrantless entry into defendant’s house and body cam recording of him violated the Fourth Amendment. The other evidence, however, was overwhelming, so was harmless. United States v. Holiday, 2021 U.S. App. LEXIS 15884 (9th Cir. May 27, 2021). Where … Continue reading

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CO: Prescription bottles in car door weren’t subject to plain view search

There was no justification for officers to pull prescription bottles from the door of his car during a traffic stop and manipulate them. Plain view didn’t support the seizure and search because the incriminating nature wasn’t immediately apparent even on … Continue reading

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D.N.J.: Owner of house consented to search of guest’s room

The consenter had control over the entire premises defendant was visiting, and that included the bedroom he was staying in. It was reasonable for the officers to believe he had control over the entire premises. Moreover, defendant didn’t object to … Continue reading

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NY, Bronx: A tracking warrant isn’t an eavesdropping warrant

Defendant had standing to challenge a tracking warrant on his phone despite the state’s claim that wasn’t the cause for his arrest. He was tracked. These were not eavesdropping warrants. “Because the location information provided pursuant to the warrant did … Continue reading

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