Category Archives: Consent

OH11: Not objecting to police officer following def into hotel room to retrieve paperwork was implied consent

Police came to defendant’s motel room door and knocked without saying who they were. They asked about a stolen truck defendant had, and he turned and went in to get paperwork, and the officer followed him. Defendant never objected to … Continue reading

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NC: Race may be relevant to determining whether defendant consented to a search, but it isn’t determinative; record shows consent

Race may be relevant to determining whether defendant consented to a search, but it isn’t determinative. The record as a whole, however, shows that consent was completely voluntary. State v. Bartlett, 2018 N.C. App. LEXIS 775 (Aug. 8, 2018):

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E.D.Tenn.: Stop was valid, but it was unreasonably extended in violation of Rodriguez

Defendant was validly stopped for a suspected traffic violation and the officer couldn’t see the state on the temporary tag. Once he stopped the car he could see it. Still, the officer could inform the motorist of the reason for … Continue reading

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CA2: Def called 911 about a prowler; when police arrived he at least implicitly if not explicitly consented to police and dog entry

Defendant called 911 about a prowler possibly inside, and he consented at least implicitly if not explicitly to entry of the responding officer and his dog which then alerted to drugs. The entry was reasonable and consensual. United States v. … Continue reading

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OH5: Search was by consent: officer “[c]ontinually refreshed the voluntariness of the encounter”

The search of the hotel room was by consent. “Based on the foregoing, we find that the trial court did not err in finding that the consent to search was ‘voluntary, uncoerced and valid’ and that the detectives ‘[c]ontinually refreshed … Continue reading

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M.D.Ala.: Def’s 13 year old child could consent to entry, but not to search of house

ICE surveillance on defendant’s road into his property was not on the curtilage because it went to parts of defendant’s rural property other than the home. “Just as with the barn in Dunn, there is ample evidence that the road … Continue reading

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E.D.Wis.: Body cam video along with testimony showed consent voluntary

The body cam video of the encounter on the street shows that the consent was voluntary. United States v. Polnitz, 2018 U.S. Dist. LEXIS 120364 (E.D. Wis. July 19, 2018).* “[T]he trial court erred in determining that, following the Birchfield … Continue reading

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CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank

The district court did not err in enforcing the IRS summons under 26 U.S.C.S. § 7602 to the taxpayers’ bank because the taxpayers did not have a reasonable expectation of privacy in the financial records held by the bank. The … Continue reading

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N.D.Ala.: Def’s continued detention in traffic stop without RS required suppression

The officer continued the stop without reasonable cause and testified he decided to search the car only because he was concerned about officer safety and not getting shot. But, the search didn’t occur until well into the stop [and was … Continue reading

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D.Minn.: Def’s lawyering up prior to giving statement didn’t prevent her from being asked for consent

Defendant was Mirandized and lawyered up. The officer then asked for consent in writing and got it. Her lawyering up didn’t prevent her from being asked to consent, and it was voluntary on the totality. United States v. Unpradit, 2018 … Continue reading

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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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