{"id":1583,"date":"2008-01-17T15:40:38","date_gmt":"2007-12-06T05:57:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-06T05:57:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1583","title":{"rendered":"Recording of defendant’s statement showed it was all by consent"},"content":{"rendered":"

The recording of defendant’s interview with local police showed that defendant was not in custody and his statement was voluntary. United States v. Fontecchio, 2007 U.S. Dist. LEXIS 88796 (S.D. Fla. November 9, 2007) (Comment:<\/em> Yet, the federal government insists on a policy whereby they record no interviews with suspects. And why do you think that is ….?)<\/p>\n

The affidavit for the search warrant for defendant’s computer showed probable cause [without details], and the good faith exception would save it anyway. United States v. Stults, 2007 U.S. Dist. LEXIS 88845 (D. Neb. December 3, 2007).*<\/p>\n

Plaintiff survives summary judgment on a warrantless arrest claim where defendant entered her house to arrest her for failing to report an accident and resisting arrest. Hardwick v. City of Cleveland, 2007 U.S. Dist. LEXIS 88871 (E.D. Tenn. December 3, 2007).*<\/p>\n

Defendant had no credibility on the question of consent because of his interest in the case. United States v. Ham, 2007 U.S. Dist. LEXIS 88743 (S.D. Fla. November 15, 2007).*<\/p>\n

Officers did not lose qualified immunity protection because they did not conduct what would be an otherwise proper investigation by not asking further questions. Fleming v. City of Bridgeport<\/a>, 284 Conn. 502, 935 A.2d 126 (2007):<\/p>\n

In the absence of exigent circumstances, adherence to the fourth amendment and to \u00a7 47a-43, and the policies underlying both, would dictate that police officers make a reasonable investigation to determine whether such persons are entitled to the protections of the statute. For example, some relevant questions to such an inquiry might be: how long the plaintiff had been staying there; whether she received mail there; whether she paid rent; whether she kept her belongings there; and whether she had a key to the premises. 29 We recognize that the officers in the present case could have asked such questions, and we urge that they do so in the future in similar circumstances; we cannot say, however, that their approach under the circumstances of this case was so unreasonable as to justify abrogation of their qualified immunity.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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