{"id":20938,"date":"2016-02-24T05:13:45","date_gmt":"2016-02-24T10:13:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20938"},"modified":"2016-02-24T09:06:38","modified_gmt":"2016-02-24T14:06:38","slug":"ca5-consent-valid-despite-language-barrer-could-have-been-just-giving-in-to-the-inevitable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20938","title":{"rendered":"CA5: Consent valid despite language barrier; could have been just giving in to the inevitable"},"content":{"rendered":"<p>The USMJ\u2019s finding was that the officer obtaining defendant\u2019s consent was professional and not overbearing. Yes, there was a language barrier, but there was a Spanish consent form. And, despite the language barrier, defendant could understand. Knowledge that drugs would be found isn\u2019t determinative: \u201cIt is plausible here that the presence of a canine unit convinced Guevara-Miranda that the discovery of the narcotics was inevitable and encouraged him to cooperate to obtain more favorable treatment.\u201d <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/15\/15-30570.0.pdf\">United States v. Guevara-Miranda<\/a>, 2016 U.S. App. LEXIS 2892 (5th Cir. Feb. 19, 2016).<\/p>\n<p>Defendant was stopped for two reasons: A lane change violation which he didn\u2019t dispute and reasonable suspicion he was involved in drug activity which developed during a lengthy prior investigation and corroborated by defendant\u2019s post-arrest statement. United States v. Verduzco-Velazquez, 2016 U.S. Dist. LEXIS 18079 (N.D.Ind. Feb. 16, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The USMJ\u2019s finding was that the officer obtaining defendant\u2019s consent was professional and not overbearing. Yes, there was a language barrier, but there was a Spanish consent form. And, despite the language barrier, defendant could understand. Knowledge that drugs would &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=20938\">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":[24,35],"tags":[],"class_list":["post-20938","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20938","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=20938"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20938\/revisions"}],"predecessor-version":[{"id":20955,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20938\/revisions\/20955"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20938"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20938"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}