Category Archives: Consent

AZ: By not stopping until he got to driveway, def impliedly consented to officer following there

Defendant had a reasonable expectation of privacy in his girlfriend’s driveway because he was a frequent overnight guest there, and he was coming there to spend the night. (There is a discussion of the semi-private nature of a driveway under … Continue reading

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N.D.Ill.: No constitutional requirement that police car recording equipment be used

“Defendant objects to the magistrate judge’s probable cause determination asserting that ‘defendant believes’ that where a police car is equipped with video recording equipment the officer should be required to use it and that his testimony alone should not be … Continue reading

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N.D.Cal.: “Let me see ___” when defendant was seized is not consent

“Let me see ___” when defendant was seized is not consent. United States v. Rosette, 2018 U.S. Dist. LEXIS 80985 (N.D. Cal. May 14, 2018):

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FL4: Knock-and-talk can’t go to side door of outbuilding

The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said they believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. … Continue reading

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AK: Refusal of consent can be used against def if state can show case-specific relevance

Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 … Continue reading

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CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th … Continue reading

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OH4: Officers were admitted into a private gambling room in a private club by consent

The defendant business was a private club running a gambling operation in a private room in the back. Officers were able to get in without misrepresenting their identity. The entry was by consent. State v. Sky Lake, 2018-Ohio-1707, 2018 Ohio … Continue reading

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E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

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NJ: Video of stop showed voluntariness of consent; fact officer mentioned getting a warrant was justified on facts

The video of the stop showed the consent was valid. At first it was denied, then it was granted. The officer’s mention of a search warrant was justified because of the smell of marijuana, and that did not make the … Continue reading

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E.D. Mich.: Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.”

Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.” There was nothing near reasonable suspicion or consent. United States v. Smith, 2018 U.S. Dist. LEXIS 62041 (E.D. Mich. Apr. 12, 2018):

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Daily Report: Sex Tape Verdict Spurs Debate on Surveillance Law

Daily Report: Sex Tape Verdict Spurs Debate on Surveillance Law by Greg Land: Two veteran lawyers, former State Bar of Georgia President Robin Frazer Clark and prosecutor-turned-defense attorney Noah Pines, differed sharply in their views of Georgia’s illegal surveillance statute … Continue reading

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E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind

Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer … Continue reading

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