{"id":22905,"date":"2016-07-12T00:02:12","date_gmt":"2016-07-12T05:02:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22905"},"modified":"2016-07-11T16:44:04","modified_gmt":"2016-07-11T21:44:04","slug":"ny4-consent-shown-voluntary-def-showed-police-which-key-opened-the-front-door","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=22905","title":{"rendered":"NY4: Consent shown voluntary; def showed police which key opened the front door"},"content":{"rendered":"<p>Consent found voluntary by pointing out which key opened the door: \u201cTestimony at the suppression hearing established that, although defendant was in custody at the time he gave consent, he cooperated with the police and assisted them in gaining entry by indicating which of his keys opened the front door. &#8230; Once inside the home, the police observed marihuana in plain view and immediately read defendant his Miranda rights. After defendant waived those rights, he voluntarily consented, both verbally and in writing, to a search of the premises.\u201d <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2016\/2016_05472.htm\">People v. Freeman<\/a>, 2016 NY Slip Op 05472, 2016 N.Y. App. Div. LEXIS 5313 (4th Dept. July 8, 2016).*<\/p>\n<p>This 2255 petitioner alleged that his lawyer\u2019s oversight on a technical warrant error that guaranteed the search warrant wasn\u2019t valid isn\u2019t even a real issue under settled law. So, defense counsel wasn\u2019t ineffective. Hawkins v. United States, 2016 U.S. Dist. LEXIS 88903 (S.D.Ga. May 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Consent found voluntary by pointing out which key opened the door: \u201cTestimony at the suppression hearing established that, although defendant was in custody at the time he gave consent, he cooperated with the police and assisted them in gaining entry &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=22905\">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-22905","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\/22905","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=22905"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22905\/revisions"}],"predecessor-version":[{"id":22906,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22905\/revisions\/22906"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22905"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22905"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22905"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}