Category Archives: Consent

D.Me.: Absent room renter could consent to search of motel room def was alone in under Randolph

Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn’t ineffective assistance of counsel for defense counsel to fail to argue for an … Continue reading

Posted in Consent, Franks doctrine, Plain view, feel, smell | Comments Off on D.Me.: Absent room renter could consent to search of motel room def was alone in under Randolph

CA11: Use of def’s nickname was PC where officer could connect it to def

The use of defendant’s nickname by the CI was sufficient when the officers could equate that with defendant, and Wong Sun is distinguished where the officers couldn’t. Entry for a protective sweep before the search warrant was issued didn’t violate … Continue reading

Posted in Consent, Informant hearsay | Comments Off on CA11: Use of def’s nickname was PC where officer could connect it to def

CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

A typographical error in an IP address in the affidavit for search warrant was overlooked by everybody, and it was reasonable for the police to still rely on it under the good faith exception. United States v. Gonzalez, 2019 U.S. … Continue reading

Posted in Computer searches, Consent, Good faith exception | Comments Off on CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

Two on cell phone password consent

Consent to get defendant’s cell phone password didn’t require a Miranda warning. United States v. Ricks, 2019 U.S. Dist. LEXIS 59859 (E.D. Tex. Apr. 8, 2019). Defendant was in custody at the police station with his cell phone which the … Continue reading

Posted in Cell phones, Consent | Comments Off on Two on cell phone password consent

D.Ore.: Delay under Rodriguez and its relation to consent during the stop

Delay under Rodriguez and its relation to consent during the stop: “The Rodriguez standard is thus used to determine whether officers’ actions exceed the narrow scope of the justification for a stop. By contrast, the issue of voluntariness addresses whether … Continue reading

Posted in Consent | Comments Off on D.Ore.: Delay under Rodriguez and its relation to consent during the stop

DE: Nolo plea after suppression denied was collateral estoppel to civil case over search

Plaintiff’s nolo plea after his motion to suppress was denied was collateral estoppel to his civil case over the arrest involving the same issue. Rogers v. Morgan, 2019 Del. LEXIS 160 (Apr. 2, 2019). When the officer asked for consent … Continue reading

Posted in § 1983 / Bivens, Consent | Comments Off on DE: Nolo plea after suppression denied was collateral estoppel to civil case over search

Reason: Hit & Run blog: Going to Burning Man? The Feds Want You Searched for Drugs

Reason: Hit & Run blog: Going to Burning Man? The Feds Want You Searched for Drugs by Brian Doherty Can the government demand a warrantless search with no probable cause of ticket holders as a condition of issuing an event … Continue reading

Posted in Consent, Roadblocks | Comments Off on Reason: Hit & Run blog: Going to Burning Man? The Feds Want You Searched for Drugs

OR: Grandmother of juvenile living with her has authority to consent to search of his room despite his objection

In the search of a juvenile’s room in his grandmother’s house she has the authority to consent over his objection. State v. A.S., 296 Ore. App. 722 (Mar. 22, 2019):

Posted in Consent | Comments Off on OR: Grandmother of juvenile living with her has authority to consent to search of his room despite his objection

CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

A police lie that conveyed the need to defendant for urgent action to address a pressing threat to person or property vitiated any voluntary consent. Moreover, the officer doesn’t get qualified immunity. Págan-González v. Moreno, 2019 U.S. App. LEXIS 8716 … Continue reading

Posted in Consent, Qualified immunity | Comments Off on CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

Cal. App. Div.: Driver being told he had to submit to a BAC test wasn’t consent at all

The officer here told defendant that he had to submit to a blood test, so there was no voluntary consent. “Here, the officer violated section 655.1 by telling defendant he had to choose instead of requesting that he submit to … Continue reading

Posted in Consent, Drug or alcohol testing, Franks doctrine | Comments Off on Cal. App. Div.: Driver being told he had to submit to a BAC test wasn’t consent at all

CA1: Def consented to seizure of his hard drives, including providing password over the phone

A child pornography knock and talk was conducted in Louisiana, and defendant consented to seizure and search of his hard drives. The first encounter with defendant was outside the house. Any illegality was attenuated. When police attempted to search the … Continue reading

Posted in Consent, Probable cause | Comments Off on CA1: Def consented to seizure of his hard drives, including providing password over the phone

W.D.Pa.: Trash pulls finding baggie cut corner pieces was probable cause

Trash pulls finding baggie cut corner pieces was probable cause for possession of drugs on the premises. United States v. Jackson, 2019 U.S. Dist. LEXIS 38664 (W.D. Pa. Mar. 11, 2019) The evidence shows that defendant’s wife consented to a … Continue reading

Posted in Consent, Probable cause | Comments Off on W.D.Pa.: Trash pulls finding baggie cut corner pieces was probable cause