N.D.Ga.: Consent to search a vehicle included the contents of boxes and compartments found inside

“Defendant argues the environment was coercive in that agents secured his consent by creating a rapport and seeing to any medical needs that he might have. Under the facts of this case, however, there is no indication that Defendant’s will was overborne by the law enforcement agents’ thoughtfulness or that Defendant’s capacity to enter into his own free choice was particularly susceptible to the influence of the agents simply because they ensured that he was healthy or conversed with him. Defendant clearly understood that he had the right to refuse consent because Agent Pagan twice read Defendant the Consent to Search form in Spanish which indicated not only that he was giving his permission to search voluntarily, but also that he has been advised of his right to refuse consent.” Consent to search a vehicle included the contents of boxes and compartments found inside. United States v. Najera-Perez, 2013 U.S. Dist. LEXIS 185792 (N.D. Ga. November 15, 2013).*

Defendant didn’t show at a hearing that the statements in the affidavit for search warrant were made with reckless disregard for the truth, so he gets no Franks hearing. United States v. Groves, 2014 U.S. Dist. LEXIS 29593 (S.D. Ohio February 24, 2014).*