\u201cConsidering the totality of the circumstances, I do not find that McAuley’s gesture of turning around and lifting his arms constituted an implied consent to search; rather, I conclude that the gesture merely reflected McAuley’s acquiescence to Marx’s articulated authority to conduct a weapons search without McAuley’s consent. In reaching this conclusion, I have considered caselaw upholding searches as lawful consent searches based upon an individual’s non-verbal conduct.\u201d United States v. McAuley, 2014 U.S. Dist. LEXIS 7770 (W.D. N.Y. January 17, 2014).<\/p>\n
Defendant\u2019s stop for not using a turn signal was justified, and the finding of the gun was in plain view. United States v. Williams, 2014 U.S. Dist. LEXIS 8404 (D.N.J. January 23, 2014).*<\/p>\n
Defendant was found to have no standing in a stolen vehicle, and he waived it on appeal by not raising it until the reply brief. United States v. Farmer<\/a>, 553 Fed. Appx. 901 (11th Cir. 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading