{"id":15436,"date":"2015-01-14T05:30:41","date_gmt":"2015-01-14T10:30:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15436"},"modified":"2015-01-14T09:18:12","modified_gmt":"2015-01-14T14:18:12","slug":"ca6-def-deferred-consent-to-his-mother-and-hers-was-voluntary","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15436","title":{"rendered":"CA6: Def deferred consent to his mother, and her&#8217;s was voluntary"},"content":{"rendered":"<p>Defendant deferred the question to consent to search his place to his mother with whom he lived. She validly and promptly consented to the officers\u2019 request, and it was all voluntary. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/15a0027n-06.pdf\">United States v. Gossett<\/a>, 2015 U.S. App. LEXIS 417, 2015 FED App. 0027N (6th Cir. January 8, 2015).<\/p>\n<p>Defendant was stopped for a traffic offense, and her condition was such that the officer could continue the stop longer ultimately for an FST. <a href=\"https:\/\/supremecourt.nebraska.gov\/sites\/supremecourt.ne.gov\/files\/coa\/opinions\/a14-038.pdf\">State v. Kellogg<\/a>, 22 Neb. App. 638, 2015 Neb. App. LEXIS 2 (January 6, 2015).*<\/p>\n<p>A citizen\u2019s report that a dark skinned male on a purple bicycle had a gun falling out of his waistband was reason enough for an encounter, and this one was nonthreatening and did not even involve the use of toplights. When asked about a gun, defendant\u2019s demeanor was a denial but looking down at his waistband. On the totality, a frisk was justified. United States v. Pena-Flores, 2015 U.S. Dist. LEXIS 2704 (D. Utah January 9, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant deferred the question to consent to search his place to his mother with whom he lived. She validly and promptly consented to the officers\u2019 request, and it was all voluntary. United States v. Gossett, 2015 U.S. App. LEXIS 417, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=15436\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,24,44,35],"tags":[],"class_list":["post-15436","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-informant-hearsay","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15436","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15436"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15436\/revisions"}],"predecessor-version":[{"id":15443,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15436\/revisions\/15443"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15436"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15436"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15436"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}