Category Archives: Consent

AR: RS def rented a hotel room was sufficient for search waiver; PC not required

For determining whether the place searched, here a hotel room, is a probationer’s for a search waiver, reasonable suspicion and not probable cause is the standard to be applied. State v. Bailey, 2024 Ark. 87, 2024 Ark. LEXIS 74 (May … Continue reading →

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D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it

Police had a search warrant for defendant’s cell phone and face and fingerprint to open it. He remained silent. They got past the first step and the phone asked for the passcode. He entered the first four digits without prompting … Continue reading →

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VA: Consent to look in backpack permitted search of pill bottle

Defendant’s consent to look in his backpack didn’t require separate consent to look in a pill bottle. Lee v. Commonwealth, 2024 Va. App. LEXIS 258 (May 7, 2024). CBP had reasonable suspicion for the stop of a Jeep meeting four … Continue reading →

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D.N.M.: Even if def’s DNA was not obtained by consent, inevitable discovery applies

Even if defendant’s DNA was obtained by coercion, inevitable discovery applies. United States v. Montoya, 2024 U.S. Dist. LEXIS 77952 (D.N.M. Apr. 29, 2024).* A description of video of a shooting incident that identifies defendant, on independent review, was not … Continue reading →

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AZ: Private search and apparent consent don’t support warrantless search of SD card in video voyeurism case

Defendant was convicted of video voyeurism for a camera hidden in the bathroom of his house to record foster children. One of them found it, attempted to read the SD card but failed, and turned it with the SD card … Continue reading →

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OH6: Trial court’s failure to explain RS under Rodriguez required remand

The trial court in denying the motion to suppress didn’t adequately explain the Rodriguez moment and whether there was reasonable suspicion. Remanded. State v. Jeter, 2024-Ohio-1442, 2024 Ohio App. LEXIS 1356 (6th Dist. Apr. 12, 2024). On the totality of … Continue reading →

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CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

A five-day delay between seizure of a cell phone and the search warrant to get into it was reasonable. United States v. Thomas, 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024). “Considering the factors outlined in Golinveaux, Schnitker’s … Continue reading →

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VI: In a pretrial curfew check, third-party custodian can consent to entry and search

Defendant was on pretrial release with a curfew at the home of his third-party custodian. Officers came for a compliance check and knocked at the door. Getting no answer, they went to the back door. They were lawfully on his … Continue reading →

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CA8: Motel operator could consent to search for drugs he found cleaning room, and defendant didn’t even know

Defendant rented a hotel room for two nights. He was warned no illegal conduct. After the first night, the motel operator entered to clean the room. The mattress had been moved, so the operator lifted it to move it back … Continue reading →

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CA7: False arrest claims before trial are 4A claims; due process after trial

“Claims for false arrest prior to trial are appropriately considered under the Fourth Amendment, not the Fourteenth Amendment. Manuel v. City of Joliet, Illinois, 580 U.S. 357, 367 (2017) (‘If the complaint is that a form of legal process resulted … Continue reading →

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CA11: There was PC to take def’s picture in public; seizure question moot

Regardless of whether defendant was seized, there was probable case to encounter him and take his picture in a public place. United States v. Daniels, 2024 U.S. App. LEXIS 7522 (11th Cir. Mar. 29, 2024). Defendant wasn’t seized when he … Continue reading →

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TX: Refusal to consent can’t be part of RS

“The court of appeals should not have considered Appellant’s lawful refusal to consent to the search of his truck when determining if the facts of this case gave rise to reasonable suspicion. Instead, the court of appeals should have considered … Continue reading →

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E.D.N.Y.: Public employee labor union contract can consent to drug testing of members

“Despite Fourth Amendment implications, ‘a public employee union acting as the exclusive bargaining agent may consent to drug testing on behalf of the employees it represents.’” (quoting Bolden v. SEPTA, 953 F.2d 807, 828 (3d Cir. 1991). Dolginko v. Long … Continue reading →

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MO: Detox civil detention justified inventory search of the person

Detox civil detention justified inventory search of the person the same as jailing an alleged offender. State v. Williams, 2024 Mo. App. LEXIS 131 (Mar. 5, 2024). Some of the information in the affidavit didn’t provide a time frame, but … Continue reading →

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Scientific American: ‘Consent’ Searches Don’t Stop Drug Trafficking. They Threaten Privacy Rights

Scientific American: ‘Consent’ Searches Don’t Stop Drug Trafficking. They Threaten Privacy Rights by Derek Epp, Hannah L. Walker, Megan Dias & Marcel Roman (“U.S. police embraced frequent “consent” searches of motorists during the ‘tough on crime’ era. These searches, meant … Continue reading →

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Defendant consented to search of his car, not knowing the battery was of interest to the police as a place to hide contraband.

When defendant consented to search of his car, he didn’t know that the battery was of interest to the police as a place to hide contraband. As far as he knew, the battery was inside the car so the consent … Continue reading →

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S.D.N.Y.: 4A doesn’t apply to seizure of superyacht in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … Continue reading →

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OH4: Officer saying he had PC to search when he didn’t made search without consent

“We find that the detective did have reasonable suspicion to make an investigative stop of Stephenson’s vehicle based on the information provided by an informant. However, the detective lacked probable cause to search the vehicle and the purported ‘consent’ that … Continue reading →

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OH10: Taking GSR at scene of shooting was with exigent circumstances

Taking GSR samples from defendant at the scene of a potential murder was with exigent circumstances and wasn’t intrusive. “As in Jarrell, the GSR evidence was highly evanescent evidence that was susceptible to destruction from simple activities like wiping one’s … Continue reading →

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E.D.N.C.: The third-party doctrine is information about records, not content

Third party information: “This type of information is unprotected by the Fourth Amendment. See Smith, 442 U.S. at 742. Courts routinely recognize that under Smith’s logic as applied to these statutes, this type of information constitutes communication records, not content.” … Continue reading →

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