{"id":18093,"date":"2015-07-18T07:15:36","date_gmt":"2015-07-18T12:15:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18093"},"modified":"2015-07-18T07:15:36","modified_gmt":"2015-07-18T12:15:36","slug":"fl2-gesture-to-enter-was-consent","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=18093","title":{"rendered":"FL2: Gesture to enter was consent"},"content":{"rendered":"<p>Defendant lost his phone at the scene of a burglary. Police came to his house to talk to him, and the evidence supports the conclusion that his sister invited them in by her gestures, and she had apparent authority. <a href=\"http:\/\/www.2dca.org\/opinions\/Opinion_Pages\/Opinion_Pages_2015\/July\/July%2015,%202015\/2D13-5874.pdf\">Thompson v. State<\/a>, 2015 Fla. App. LEXIS 10691 (Fla. 2DCA July 15, 2015).<\/p>\n<p>Defendants got off a freeway seeing a ruse drug checkpoint sign. A traffic citation was also going to be in order, and reasonable suspicion developed during the basic questioning. United States v. Rodolfo, 2015 U.S. Dist. LEXIS 92241 (D.Kan. July 16, 2015).*<\/p>\n<p>The government failed to prove reasonable suspicion existed to extend this stop, and it is suppressed. Even if the stop remained lawful, consent was invalid. Suppression granted. United States v. Hight, 2015 U.S. Dist. LEXIS 92555 (D.Colo. June 29, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lost his phone at the scene of a burglary. Police came to his house to talk to him, and the evidence supports the conclusion that his sister invited them in by her gestures, and she had apparent authority. Thompson &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=18093\">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":[30,24,35],"tags":[],"class_list":["post-18093","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18093","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=18093"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18093\/revisions"}],"predecessor-version":[{"id":18094,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18093\/revisions\/18094"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18093"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}