D.N.M.: Govt fails in burden of showing consent. Was “yes” acknowledgement of statement to def or assent to search?

The government fails in its burden to show consent to a patdown of defendant’s person. There was a language barrier, and previous questions and statements were translated, but this one wasn’t. “Even though that defendant said ‘yes’ in response to SA Perry’s request, the court interpreted the word ‘yes’ ‘as an acknowledgment that Perry had spoken to her, rather than consent to submit to a search…’ 2013 U.S. Dist. LEXIS 201450, [WL] at *8.” United States v. Garcia-Guzman, 2020 U.S. Dist. LEXIS 3731 (D. N.M. Jan. 7, 2020).*

The government showed reasonable suspicion for a cell phone search at the border based on what else was on her and her travels in a rental car and suspicion she was running firearms. United States v. Haynes, 2020 U.S. Dist. LEXIS 3426 (S.D. Fla. Jan. 9, 2020).*

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