Category Archives: Consent

S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

Basic questions about defendant’s cell phone as a prelude to asking for consent to search it is an exception to Miranda. United States v. Okparaeke, 2018 U.S. Dist. LEXIS 188191 (S.D. N.Y. Nov. 3, 2018):

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M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

Asking that a lawyer get to look at a search warrant with an electronic signature for validity is not a refusal to consent under Georgia v. Randolph. United States v. Sanchez, 2018 U.S. Dist. LEXIS 187115 (M.D. Fla. Nov. 1, … Continue reading

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N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

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AK: Homeowner has right to refuse police entry by consent

Alaska State Troopers came to defendant’s house with arrest warrants for two persons they suspected were inside. They had no search warrant for the third-party’s house. They beat on the door and demanded entry. Defendant at first refused, but he … Continue reading

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OH2: As to motel room registered guest, entry permitted by arrest warrant under Payton

If the person being sought is a registered guest in a motel room, Payton permits entry on an arrest warrant. If a guest, then a search warrant is required under Steagald. His car outside the room gave reason to believe … Continue reading

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FL2: Calling the DA to see about whether a SW was needed is not actively seeking a warrant for inevitable discovery purposes

The trial court erred in applying the inevitable discovery doctrine. The officer had probable cause to conduct the search of defendant’s laptop, but this was insufficient to justify the detective’s failure to obtain a warrant to search it. His call … Continue reading

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CA10: Body camera video showed consent, and it was a far more congenial sounding conversation than the transcript read

The body camera video shows defendant’s mother consented to the search of the premises, and it is noticeably less allegedly coercive sounding than the transcript. United States v. Morris, 2018 U.S. App. LEXIS 29830 (10th Cir. Oct. 23, 2018). The … Continue reading

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Unrefuted findings of fact on consent are binding on appeal

Defendant was a reported drug overdose, and police and EMTs responded. With a dose of Narcan, she came to, talked, and was taken to the hospital. Meanwhile, there was a plain view, and it was valid. Defendant’s credibility argument that … Continue reading

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PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff

Defendant’s consent to two officers to conduct a search of his car didn’t extend to a dog sniff, too, because there wasn’t a dog there at the time, and that would be the common understanding. Commonwealth v. Valdivia, 2018 Pa. … Continue reading

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GA: Remanded for findings on whether def consented to forensics search of his cell phone

Defendant was on the state sex offender registry, and he was subject to compliance checks. Six officers from two agencies came to his house for his compliance review and they talked to him. They were lawfully on the premises under … Continue reading

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E.D.Mich.: City DPW employee had REP in backpack in a city work vehicle; city couldn’t consent to its search

Defendant had a reasonable expectation of privacy in her backpack in a city work vehicle despite a city policy that city work vehicles can’t be used for illegal purposes. Consent to search the backpack could not be given by defendant’s … Continue reading

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CA10: Deception def was victim of ID theft didn’t make encounter less consensual; officers really wanted to talk about CP

Officer’s deception defendant was the victim of online identify theft did not make his consensual encounter with the officers involuntary. Then they told him it was about child pornography. United States v. Dates, 2018 U.S. App. LEXIS 27983 (10th Cir. … Continue reading

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