{"id":19297,"date":"2015-10-23T04:37:23","date_gmt":"2015-10-23T09:37:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19297"},"modified":"2015-10-23T04:37:23","modified_gmt":"2015-10-23T09:37:23","slug":"ca2-ptfs-consented-to-x-ray-of-car-at-niagara-falls-border-station","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19297","title":{"rendered":"CA2: Ptfs consented to x-ray of car at Niagara Falls border station"},"content":{"rendered":"<p>Plaintiffs filed a \u00a7 1983 case over having their car x-rayed at Niagara Falls. They were given a choice of consent to the x-ray or waiting for a warrant, and they consented. That was not involuntary consent, and the jury so found. <a href=\"http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/44bce69e-a7cf-4d18-985b-a4f926a38493\/10\/hilite\/\">Henry v. Tracy<\/a>, 2015 U.S. App. LEXIS 18034 (2d Cir. Oct. 19, 2015).*<\/p>\n<p>The stop moved from a casual citizen encounter to a stop when the defendant was ordered out of the car, but it was with justification. Defendant was asked if he\u2019d consent to a search, he asked if he had to, was told no, and consented anyway. <a href=\"https:\/\/edca.1dca.org\/DCADocs\/2014\/0024\/140024_DC05_10202015_100023_i.pdf\">McCray v. State<\/a>, 2015 Fla. App. LEXIS 15481 (Fla. 1st DCA Oct. 20, 2015).*<\/p>\n<p>Defendant\u2019s IAC claim against counsel was for not citing a specific case in the motion to suppress that seemed in point wasn\u2019t because defendant was a parolee, and that makes all the difference and distinguishes that case. The trial court\u2019s original holding was correct. United States v. Sandlain, 2015 U.S. Dist. LEXIS 142224 (E.D.Mich. Oct. 20, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiffs filed a \u00a7 1983 case over having their car x-rayed at Niagara Falls. They were given a choice of consent to the x-ray or waiting for a warrant, and they consented. That was not involuntary consent, and the jury &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19297\">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":[24,23],"tags":[],"class_list":["post-19297","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19297","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=19297"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19297\/revisions"}],"predecessor-version":[{"id":19298,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19297\/revisions\/19298"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19297"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19297"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19297"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}