Failure to object to a search is not consent unless it is unambiguously granted. On this record, it’s not clear defendant even knew that a search of a knotted grocery bag within a backpack would happen, so the case is remanded for factual development. Tacit consent to search recognized on this record. State v. Blair, 361 Ore. 527, 2017 Ore. LEXIS 417 (June 15, 2017).
Defendant eluded the police and finally stopped his vehicle. He wasn’t seized until he was in handcuffs. On the totality of circumstances, officers had probable cause to believe there was contraband in the vehicle. United States v. Gonzalez, 2017 U.S. Dist. LEXIS 89568 (D. Mass. April 7, 2017),* adopted, 2017 U.S. Dist. LEXIS 89569 (D.Mass. June 12, 2017).*