Category Archives: Consent

E.D.Mich.: Nighttime knock-and-talk and badgering led to invalid consent

Seven to nine DEA agents and a SWAT team showed up at defendant’s house at 11:30 pm October 31 for a knock-and-talk to see if defendant would consent. This was triggered by the arrest of coconspirators. Defendant’s wife finally relented … Continue reading

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ND: Consent to search to prevent towing and impoundment of a vehicle is voluntary

Consent to search to prevent towing and impoundment of a vehicle is voluntary. State v. Shick, 2017 ND 134, 2017 N.D. LEXIS 131 (June 7, 2017). Officers got a call about a possible drunk driver, and they went to the … Continue reading

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S.D.Ohio: Dog sniff during the initial part of stop by another officer was reasonable

Getting one of two occupants out of a car during a stop to separate them was reasonable in any traffic stop. That wasn’t a “detention,” and the dog sniff occurring during that part of the stop was reasonable. United States … Continue reading

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UT: Police did not extend the stop by asking for consent before the purpose of the stop was complete

Police did not extend the stop by asking for consent before the purpose of the stop was complete. “One officer, after checking to make sure Scott was ‘okay and safe,’ introduced himself to Taylor and ‘asked him if there was … Continue reading

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SD: Jury instruction on refusal of UA in a drug case was proper

At the Sturgis motorcycle rally, an officer noticed a couple enter a porta potty at 1 am. Finding this unsual, he went up and listened. He heard something that barely suggested they weren’t using the facilities for the intended use … Continue reading

Posted in Abandonment, Consent, Drug or alcohol testing | Comments Off

OK: State can’t show refusal to consent as consciousness of guilt (surveying cases), but here it was harmless

In this death penalty appeal, the heavy weight of authority (surveying many cases) is that defendant’s refusal to consent cannot be used to show he is hiding evidence or to show consciousness of guilt. Some cases find it a due … Continue reading

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OH1: Where inventory ordinance required police consider alternatives to impoundment, failure to do so leads to suppression

Cincinnati Municipal Code requires alternatives to impoundment be considered, and a failure to do so can void the inventory, as here. “Ultimately, nothing presented at the suppression hearing indicates that before ordering the inventory search, Officer Clarkson even considered the … Continue reading

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TX4: Juvenile consented to search of room but parent objects; it’s the parent’s call

A juvenile was detained on suspicion of burglary, and the officers went back to his house. The juvenile consented, but the parent objected, and that was binding on the officers because of the control a parent has over a child. … Continue reading

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NY1: A request to produce ID isn’t always a seizure

The request to defendant to produce his ID when the police were investigating a potential trespass doesn’t constitute a seizure per se. Here, the defendant volunteered to take the officer to where he was going. That was all consent. People … Continue reading

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S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

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