{"id":1141,"date":"2008-02-16T06:39:22","date_gmt":"2007-07-13T06:23:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-07-13T06:23:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1141","title":{"rendered":"Consent form aided proving voluntariness because it told the defendant he could refuse consent"},"content":{"rendered":"<p>The consent form told the defendant that he had the right to refuse consent and it specified the place to be searched. United States v. Toomer, 2007 U.S. Dist. LEXIS 49976 (S.D. Fla. July 11, 2007).*<\/p>\n<p>The fact that the defendant was truthfully told that there was an outstanding arrest warrant for him before he was asked for consent did not vitiate the consent. The situation was not otherwise coercive. United States v. Cogdell, 234 Fed. Appx. 75 (4th Cir. 2007)* (unpublished).<\/p>\n<p>Seizure of banners, separate free speech issue, was not a Fourth Amendment issue because the banners were de facto abandoned property left hanging. Wilson v. Johnson, 247 Fed. Appx. 620, 2007 FED App. 0481N (6th Cir. 2007)* (unpublished).<\/p>\n<p>Kentucky State Police received a 911 call that a man had been pointing a rifle at cars passing by him on an interstate highway. When they arrived at the scene, they had reason to talk with the plaintiff whom they found leaning against a guardrail with a gun leaning next to him. There was also qualified immunity. Campbell v. Stamper, 244 Fed. Appx. 629, 2007 FED App. 0473N (6th Cir. 2007)* (unpublished).<\/p>\n<p>Plaintiff survived summary judgment on an excessive force case where he was tackled running from the police. While on the ground with his arms pinned under him and the officers on top of him, he could not move his arms and he was Tasered allegedly for not putting his arms behding this back. Nelson v. Hudepohl, 2007 U.S. Dist. LEXIS 49982 (M.D. Fla. July 11, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1141\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1141","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1141"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1141\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1141"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}