Category Archives: Consent

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment?

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment? by Orin Kerr As always, the answer depends on things we don’t yet know. Conceivably if you strain for unlikely facts, but probably not.

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D.Colo.: Landowners consented to entries by BLM when leasing to oil and gas companies

The Court affirms the “Interior Board of Land Appeals’ finding that the Federal Oil and Gas Management Act authorizes Bureau of Land Management representatives to conduct warrantless, unannounced inspections of oil wells on Plaintiffs’ fee lands was not arbitrary, capricious, … Continue reading

Posted in Administrative search, Consent | Comments Off

D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief

Petitioner’s argument “the state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,” a “bold claim,” doesn’t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state … Continue reading

Posted in Consent, Search incident | Comments Off

CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises

Exigency supported the police entry into defendant’s home because of concern for safety of the children and a domestic dispute. After the entry and the abatement of the exigency, defendant’s wife consented to the officers staying in the house. United … Continue reading

Posted in Consent, Emergency / exigency, Ineffective assistance | Comments Off

D.Neb.: Consent derived from smartphone app Spanish translation was voluntary on totality

Defendant was riding a Greyhound bus from Denver to Indianapolis, and it had a bus change in Omaha. Luggage was pulled off the bus, and an interdiction officer noticed the new bag with defendant’s name on it. He also detected … Continue reading

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IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

Posted in Consent, Inventory, Pretext, Probable cause | Comments Off

W.D.N.C.: Timely motion to suppress was enough to have to continue trial date over def’s objection

Defendant filed a motion to suppress but didn’t want the trial delayed. Based on the time for the government to respond and the USMJ to prepare findings of fact and conclusions of law, the trial would have to be continued … Continue reading

Posted in Consent, Motion to suppress, Reasonable suspicion | Comments Off

D.N.H.: Long driveway was not curtilage; that was marked by the gate nearer the house

Defendant had a long driveway, and officers drove up the driveway. It was not part of the curtilage. A gate at the end, however, did mark the curtilage. After that, consent to enter was granted. United States v. Smith, 2017 … Continue reading

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OH2: Two on nonconsensual encounters: one in an ER, one on def’s own property

The officer’s encounter with defendant in the ER initially asking if he had “any drugs or weapons” was not consensual. “The trial court concluded that Officer West’s encounter was not a consensual encounter. The trial court emphasized that West approached … Continue reading

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W.D.Mo.: Knock-and-announce didn’t apply to an open door; plain view reasonable, but wife’s consent was vitiated by threat of jail if she didn’t sign form

Officers came to defendant’s house both on a call about the welfare of children living there and with a pre-existing warrant for defendant’s arrest. They encountered one of the children outside taking trash to the street and determined that defendant … Continue reading

Posted in Consent, Knock and announce, Plain view, feel, smell | Comments Off

CA6: Def had a gun pointed at him during arrest, but it was put away after he was handcuffed; consent found on totality

“The district court did not clearly err in determining that Pavon’s consent to the search of his vehicle was voluntary and without coercion. Officer Josh Walters testified that he twice asked for and received consent from Pavon to search the … Continue reading

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S.D.Ill.: Off-duty officer working store security validly seized weapon

A local police officer was working off-duty security at a grocery store on the night shift. He’d seen defendant in there many times in the previous four years in the store, and defendant was usually under the influence. Plus, the … Continue reading

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