DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”

“Advising a person of legitimate consequences [of a BAC test] is not considered coercion. Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.” State v. Street, 2020 Del. Super. LEXIS 2791 (Sept. 17, 2020).

When defendant declined to stipulate he was in his own home when the search warrant was executed when it became relevant, a photograph of him handcuffed on the couch was admissible to show he was in his house. “In identifying the photograph, a Des Moines police officer testified it is ‘standard practice to secure individuals during a search warrant.’ The district court immediately gave the jury a cautionary instruction to minimize prejudice: ‘The mere fact that for officer safety the defendant was handcuffed isn’t evidence of anything, other than it’s a plan for officer safety.’ Admission of the photograph was not an abuse of discretion and does not warrant a new trial.” United States v. Jefferson, 2020 U.S. App. LEXIS 29633 (8th Cir. Sept. 17, 2020).