{"id":17756,"date":"2015-06-22T06:47:07","date_gmt":"2015-06-22T11:47:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17756"},"modified":"2015-06-22T06:47:07","modified_gmt":"2015-06-22T11:47:07","slug":"ca5-consent-of-motorist-based-on-before-you-go-was-involuntary","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17756","title":{"rendered":"CA5: Consent of motorist based on \u201cbefore you go\u201d was involuntary"},"content":{"rendered":"

The consent was found by the district court to be involuntary because it was based on \u201cbefore you go\u201d: \u201cAlso at the suppression hearing, Spelying testified that as Robertson turned to leave, the officer asked him, \u2018before you go, we have problems with people smuggling things on the interstate: guns, drugs, weapons, you know, anything of that nature. Can I search your vehicle before you go?\u2019 Robertson agreed to the search. Spelying found a partially smoked marijuana cigar and two handguns hidden in the car’s center console.\u201d \u201cApplying this analysis, the district court held that a reasonable person would not have felt free to leave and would have felt compelled to agree to the search.\u201d The court can\u2019t say that the district court clearly erred. [You kind of feel that they wanted to.] United States v. Robertson<\/a>, 2015 U.S. App. LEXIS 10379 (5th Cir. June 17, 2015).<\/p>\n

An arrested Oxy dealer cooperated with police in luring his suppliers to a motel room for him to buy. Based on the text messages, the arrival of defendant was an arrest on probable cause. A cell phone out in the car was accessed without a warrant, and the government conceded Riley applied. Instead, the court finds the search was harmless beyond a reasonable doubt. United States v. Lewis<\/a>, 2015 U.S. App. LEXIS 10348 (6th Cir. June 17, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The consent was found by the district court to be involuntary because it was based on \u201cbefore you go\u201d: \u201cAlso at the suppression hearing, Spelying testified that as Robertson turned to leave, the officer asked him, \u2018before you go, we … Continue reading →<\/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":[5,24],"tags":[],"class_list":["post-17756","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17756","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=17756"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17756\/revisions"}],"predecessor-version":[{"id":17757,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17756\/revisions\/17757"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17756"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}