Category Archives: Consent

S.D.Tex.: Ct credits def’s version; on govt’s: “Hypothetical could-haves or would-haves simply will not do.” Govt conceded gamma ray scan was search.

Defendant was stopped at the I-35 immigration check point near Laredo. The video is soundless and 14 seconds long. The officer’s version doesn’t seem possible within the time of the video, but the defendant’s does. The officer had the defendant … Continue reading

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N.D.Fla.: Def consented to providing pass code to his phone when police seized his phone pending getting SW

“The defendant delivered a package to a post office for mailing. A postal inspector caused the package to be held overnight and then, with the defendant’s consent, opened it. Finding cash and pills that appeared to be illicit, the postal … Continue reading

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PA: Def called police about a burglary then consented to entry to investigate

Calling police to a suspected burglary in your own house tells the police to investigate, and then defendant consented to an entry to investigate. Commonwealth v. McCleary, 2018 PA Super 201 (July 10, 2018). Defendant insisted his medical marijuana grow … Continue reading

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TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case

TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case by Tierney Sneed (opinion in story):

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WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent

“We conclude that Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing probable cause of intoxication. Further, through drinking to the point of unconsciousness, Mitchell forfeited all opportunity, … Continue reading

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MA: There was PC for strip search; alleged violation of strip search policy wasn’t enough to suppress

There was probable cause for defendant’s strip search because everything indicated he had drugs on his person. His “animated” response to the strip search request only added to it, and the officers testified that the crotch area is where suspects … Continue reading

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N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

“Considering these factors and the totality of the circumstances, the Court concludes that Defendant’s consent to search his residence was voluntary. Defendant is a mature adult who served in the Marines and is familiar with law enforcement procedures. While Defendant … Continue reading

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M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

Three armed robberies showed a pattern of activity that allowed a broader period in the application for the warrant, and thus overcame a staleness challenge. The affidavits for search warrant provided a substantial basis for finding probable cause, especially considering … Continue reading

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TN: Not IAC to strategically forgo motion to suppress rather than lose plea offer

Defense counsel didn’t provide ineffective assistance of counsel where he didn’t file a motion to suppress because the prosecutor would withdraw the plea offer, and he concluded it wouldn’t be worth the risk. Wilson v. State, 2018 Tenn. Crim. App. … Continue reading

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D.D.C.: Manafort DC search valid: The person on the lease of a storage unit and with the keys had [apparent] authority to consent

The search of Paul Manafort’s storage unit was with the consent of the person on the lease and did not violate the Fourth Amendment. It was reasonable for the FBI to believe that the person with the keys had the … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to revocation of supervised release

The exclusionary rule does not apply to revocation of supervised release proceedings. United States v. Hightower, 2018 U.S. Dist. LEXIS 98320 (S.D. N.Y. June 12, 2018). The renter of the rental car was in it, and he voluntarily consented to … Continue reading

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D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

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