Category Archives: Consent

NY3: Emptying purse on seat and saying ‘you can check my car, you can check me’ was consent

In a traffic stop, the officer saw credit cards with a male name but a female operating the car. “Upon asking the owner about the person named on the cards, the owner denied knowing that person or being the owner … Continue reading

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S.D.Ill.: Scope and meaning of consent form determined by objective reasonableness

It was objectively reasonable for officers to believe that the consent form defendant signed applied to the apartment searched. There were two buildings on the property, and he was in an apartment with a different mailing address. The consent form … Continue reading

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W.D.La.: Parole search waiver applies to the car def borrowed since he had standing in it

Defendant’s parole search condition extended to a car he borrowed. After all, he had sufficient connection to the car to have standing to challenge a search. United States v. Meaux, 2017 U.S. Dist. LEXIS 189415 (W.D. La. Oct. 27, 2017), … Continue reading

Posted in Arrest or entry on arrest, Consent, Probation / Parole search | Comments Off

MT: Element of offense that other state’s offense be similar to MT’s doesn’t have to be proved for PC

The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue … Continue reading

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OH3: Witnessing man walk up to passenger window and reach inside then leave seen from 100 yds away was speculation of a hand-to-hand drug transaction; no RS

The officer was located one hundred yards away from defendant’s car, and he saw a pedestrian walk up to the car, reach inside, turn around, and walk away. The officer could not determine whether an exchange had occurred between the … Continue reading

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NC: Consent sought while officer holding DL wasn’t voluntary because here it was an unlawful seizure

“Defendant’s main argument appears to be that when Officer Sletten failed to return defendant’s identification after finding no outstanding warrants and after the initial reason for the detention was satisfied, he instead requested defendant’s consent to search, the seizure was … Continue reading

Posted in Consent, Seizure, Standards of review | Comments Off

PA: Screams that drowned out officer’s knocking led to exigent entry

“In this case, exigent circumstances justified the officers’ warrantless entry into Appellant’s house. The evidence adduced during the suppression hearing demonstrates that on the evening in question, police officers received reports of someone screaming, someone bleeding, and someone with a … Continue reading

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D.Neb.: Consent didn’t extend to removing pickup’s bedliner, but officer had PC by then

The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was … Continue reading

Posted in § 1983 / Bivens, Automobile exception, Consent | Comments Off

Cal.6th: Inventory wouldn’t permit removal of dashboard, but finding drugs during inventory turned into probable cause for a search

Defendant’s car had cocaine hidden in a compartment behind the dashboard. Normally, an inventory search would not permit removal of car parts to conduct it. Here, however, the officer found cocaine under the seat during the inventory, and that was … Continue reading

Posted in Automobile exception, Consent, Inventory | Comments Off

NY4: Officers rearranged things to photograph them during a consent entry and plain view didn’t vitiate the PC

Defendant’s wife called 911 to report a possible burglary, and police were invited in. In the house they did a protective sweep, and they saw likely evidence of dogfighting: a caged injured dog, a treadmill modified for dogs “and apparent … Continue reading

Posted in Consent, Plain view, feel, smell | Comments Off