Defendant was told that he had a right to refuse consent, and he consented. The “threat” that officers could get a search warrant [others had, in fact, already gotten one] was not delivered in a threatening manner, and did not militate against consent. United States v. Beltran, 2008 U.S. Dist. LEXIS 2113 (D. Or. January 7, 2008).*<\/p>\n
An arrest warrant was obtained for the defendant for providing alcohol to a minor, and officers went to arrest him. Inside his house, he asked for permission to dress, and officers followed him to his room. On the floor in the main room was ammunition. Officers subsequently saw several firearms in the premises, so they sought a search warrant, and the warrant, based on probable cause, revealed illegal firearms. The search was valid. United States v. Cooke, 2008 U.S. Dist. LEXIS 2139 (D. N.D. January 9, 2008).*<\/p>\n
Allegation of excessive force was enough to defeat governmental entities’ motion to dismiss, something that cannot be resolved at the pleading stage. Garcia v. City of Merced, 2008 U.S. Dist. LEXIS 2135 (E.D. Cal. January 10, 2008).*<\/p>\n
Issuance of a citation to appear is not a seizure. Schuenke v. City of Milwaukee, 2008 U.S. Dist. LEXIS 2043 (E.D. Wis. January 10, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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