Police conducted an unreasonable warrantless search of defendant’s purse for her DL when she was taken from the scene of an accident by ambulance. No exception to the warrant requirement applies. State v. Evans, 2018 Kan. LEXIS 580 (Nov. 21, 2018).
“Thomas did not argue that the consent was inadequate for any reason, but merely argued that the government should have been required to get a search warrant. Consent is an established exception to the search warrant requirement. … A search without a warrant does not violate the Fourth Amendment where someone with authority gives voluntary consent. … Accordingly, challenging the search would have been futile, and Thomas cannot make the requisite showing of prejudice because the results of the proceeding would not have been different. Strickland, 466 U.S. at 694. No COA is warranted on this issue.” Thomas v. United States, 2018 U.S. App. LEXIS 32750 (11th Cir. Nov. 19, 2018).