Category Archives: Consent

OR: Telling def to let out dogs so police could search his house was not his consent

The officers showed up to search defendant’s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn’t consent to the search. “Moreover, under the totality … Continue reading

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NE implied consent law was unconstitutional as applied here, but not on its face

“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the … Continue reading

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W.D.Mo.: The occupant’s stepping back from the door and opening it showed consent to enter to look for def

Officers could conclude that the occupant consented to entry when the police knocked and they said they were looking for somebody inside, and she backed away and opened the door more. United States v. McDaniel, 2017 U.S. Dist. LEXIS 25372 … Continue reading

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DC: Def was stopped, name run, then his cigarette pack requested; not consensual

Officer’s stop of defendant, running his name for warrants, and then requesting his cigarette box was coercive and not consensual. Jones v. United States, 2017 D.C. App. LEXIS 17 (Feb. 23, 2017)*:

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S.D.Tex.: Def persuades court his prior arrests led him to believe objecting to consent was futile; suppressed

Defendant successfully argues his prior experience with the criminal justice system led him to believe that objecting to consent was futile, and suppression is granted. United States v. Sanchez, 2017 U.S. Dist. LEXIS 22807 (S.D. Tex. Feb. 17, 2017):

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Cal.App.–Santa Clara: Even with implied consent, statute requires state carry burden of proof and they failed here

“After a thorough review of the record, which consists of undisputed facts pertaining to the motion, we hold that notwithstanding California’s implied consent law, which we recognize is a factor to be considered in the totality of the circumstances, the … Continue reading

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ID: Def consented to search of person and lifted shirt revealing baggie of MJ

Defendant consented to a search for weapons, and lifted his shirt, and the officer saw a baggie of marijuana sticking out of his pants. The view was valid, and the seizure did not exceed the scope of consent. State v. … Continue reading

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E.D.Mich.: Def’s frisk turned up no weapon; officer asked him to give up gun and he wouldn’t be prosecuted; consent coerced

Defendant was frisked and no weapon was found. The officer told him that if he gave up the gun he wouldn’t be prosecuted. He did, and that was a coerced consent and admission of the gun. Suppressed. United States v. … Continue reading

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GA on implied consent

The trial court properly granted the motion to suppress. The evidence showed that defendant was extremely intoxicated and confused during her encounter with the officer, and that supporting the conclusion that she did not voluntarily consent to the blood test, … Continue reading

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D.P.R.: Consent before Mirandizing is not a violation of self-incrimination

Obtaining consent before Mirandizing the defendant is not a violation of self-incrimination. Defendant’s experience with the criminal justice system supports the voluntariness of his consent. United States v. Lopez-Fernandez, 2017 U.S. Dist. LEXIS 17791 (D. P.R. Feb. 6, 2017). Careless … Continue reading

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