An anonymous tip through a school safety hotline was also uncorroborated and stale and did not provide reasonable suspicion for a school search. In the Interest of C.C-S., 2021COA127, 2021 Colo. App. LEXIS 1440 (Oct. 20, 2021). See techdirt: Students Have Rights: Court Dumps Evidence After Cops Rely On A Month-Old Anonymous Tip To Search A Minor by Tim Cushing.
The time, place, and manner of defendant’s questioning shows consent. “Mr. Bertram’s claims of extensive intimidation tactics do not square with the record evidence, which reflects Mr. Bertram’s swift and consistent cooperation throughout the entirety of his encounter with law enforcement. Weighing these considerations, the court finds that Mr. Bertram’s statements to law enforcement and consent to search were voluntary.” United States v. Bertram, 2021 U.S. Dist. LEXIS 202460 (M.D.Pa. Oct. 20, 2021).*
“We agree with the district court that a reasonable factfinder could conclude from this evidence that Officer Santiago may not have been in immediate danger of harm by Irwin’s operation of his vehicle in disobedience of the Officers’ orders to stop, and therefore a material dispute about the objective reasonableness of the Officers’ conduct existed. The district court did not err in denying summary judgment to the Officers on the merits of Irwin’s Fourth Amendment claim.” Still, however, the officers get qualified immunity. Irwin v. Santiago, 2021 U.S. App. LEXIS 31692 (5th Cir. Oct. 21, 2021).*