{"id":19152,"date":"2015-10-10T10:52:35","date_gmt":"2015-10-10T15:52:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19152"},"modified":"2015-10-10T10:52:35","modified_gmt":"2015-10-10T15:52:35","slug":"ca9-intoxicated-man-freely-consented-to-searches-actions-show-he-knew-what-he-was-doing","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19152","title":{"rendered":"CA9: Intoxicated man freely consented to searches; actions show he knew what he was doing"},"content":{"rendered":"<p>Intoxicated man freely consented to searches. \u201cAlthough Smith appeared intoxicated during the two searches, he had already begun cleaning the crime scene, gave his own version of the events, was able to answer the officer&#8217;s questions and sign the consent form without any difficulty, was alert, cooperative, and steady on his feet, had no trouble helping the officer lift a mattress, and did not appear to be confused at any point. Under these circumstances, the district court did not clearly err in determining that a reasonable officer would have viewed Smith&#8217;s consent as voluntary.\u201d <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2015\/10\/05\/14-10231.pdf\">United States v. Smith<\/a>, 2015 U.S. App. LEXIS 17470 (9th Cir. Oct. 5, 2015).<\/p>\n<p>Defendant doesn\u2019t have standing to challenge a search of another person\u2019s car bringing drugs to him. (The issue was analyzed as a reasonable expectation of privacy question.) United States v. Honeycutt, 2015 U.S. Dist. LEXIS 136594 (W.D.La. Sept. 14, 2015),* adopted 2015 U.S. Dist. LEXIS 136590 (W.D. La. Oct. 6, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Intoxicated man freely consented to searches. \u201cAlthough Smith appeared intoxicated during the two searches, he had already begun cleaning the crime scene, gave his own version of the events, was able to answer the officer&#8217;s questions and sign the consent &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19152\">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":[24,34],"tags":[],"class_list":["post-19152","post","type-post","status-publish","format-standard","hentry","category-consent","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19152","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=19152"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19152\/revisions"}],"predecessor-version":[{"id":19153,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19152\/revisions\/19153"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19152"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}