D.Neb.: Consent also shown by def’s action of opening bag when requested

Defendant consented to a search of his bag by one officer when others were present. Consent was also by implication by opening it when requested. United States v. Garcia, 2016 U.S. Dist. LEXIS 66061 (D.Neb. May 19, 2016).

Officers had reasonable suspicion to believe defendant was potentially involved in a shooting incident. Responding to a shots fired call at night, they encountered two men who sort of fit the description of the men involved. One stopped to talk to the officers, but the other sped up his pace and walked away and wouldn’t look at the officers and then reached to his side like he was checking for a weapon. Scisney v. State, 2016 Ind. App. LEXIS 162 (May 20, 2016).*

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