IA: Waiting longer for an answer in an empty house was pointless under Wilson

Officers came to defendant’s house to execute an arrest warrant for another matter, and they smelled burning marijuana. One stayed at the house and others went to get a search warrant. They knocked and announced and entered getting no answer from within. That was reasonable under Wilson v. Arkansas. State v. Eilander, 824 N.W.2d 561 (Iowa App. 2012).

The evidence at the trial court supports the finding that the consent was valid. Also, the consent form was explained to the defendant before it was signed. State v. Powell, 2012 Ohio 5104, 2012 Ohio App. LEXIS 4467 (2d Dist. November 2, 2012).*

The driver of a car who could not own it for “legal reasons” had the authority to consent to a search. At least the officer was reasonable in believing that he had the ability to consent. State v. Prater, 2012 Ohio 5105, 2012 Ohio App. LEXIS 4470 (2d Dist. November 2, 2012).*