CA2: Ptfs consented to x-ray of car at Niagara Falls border station

Plaintiffs filed a § 1983 case over having their car x-rayed at Niagara Falls. They were given a choice of consent to the x-ray or waiting for a warrant, and they consented. That was not involuntary consent, and the jury so found. Henry v. Tracy, 2015 U.S. App. LEXIS 18034 (2d Cir. Oct. 19, 2015).*

The stop moved from a casual citizen encounter to a stop when the defendant was ordered out of the car, but it was with justification. Defendant was asked if he’d consent to a search, he asked if he had to, was told no, and consented anyway. McCray v. State, 2015 Fla. App. LEXIS 15481 (Fla. 1st DCA Oct. 20, 2015).*

Defendant’s IAC claim against counsel was for not citing a specific case in the motion to suppress that seemed in point wasn’t because defendant was a parolee, and that makes all the difference and distinguishes that case. The trial court’s original holding was correct. United States v. Sandlain, 2015 U.S. Dist. LEXIS 142224 (E.D.Mich. Oct. 20, 2015).*