A consent to enter during a knock and talk is not a consent to search. United States v. Ellis, 2008 U.S. Dist. LEXIS 71177 (W.D. La. June 24, 2008).<\/p>\n
DNA sample was taken from defendant under a ruse that anybody arrested for exposing himself in public needed to give a sample. It was matched to a murder. The taking of the DNA was not unreasonable. Holmes v. State, 2008 Ga. LEXIS 741 (September 22, 2008).<\/p>\n
A consent to search by a Spanish speaking defendant was not voluntary on the totality. The officer’s own testimony was the key. United States v. Vidal-Pina, 2008 U.S. Dist. LEXIS 71644 (D.N.J. September 22, 2008):<\/p>\n
The government’s theory is that Vidal-Pina was calculating and deceptive and that his answers about his work demonstrate proficiency in English that corroborates the officers’ testimony that he understood the contents of the consent-to-search form and the verbal request to search the truck. But this simply doesn’t square with Maroney’s testimony that he was prepared to let Vidal-Pina go; it doesn’t square with the testimony that reveals, when taken as a whole, that Vidal-Pina initially communicated with a store employee and apparently got the gist of the pedigree information Maroney wanted, had enough business dealings in this country to describe what he does for a living, and never went any further in his communications without assistance. The inconsistencies to be found do not relate to Vidal-Pina’s conduct, but rather to the witnesses, who are at some odds about how much Spanish Turbett knew, or what precise answers Vidal-Pina gave to potentially explosive questions like “[w]hat were those counterfeit bills doing in your car?”; or why someone who knew he had identification documents in his car that could clear up Maroney’s dilemma knowingly remained silent about them, and then knowingly permitted police to search the truck for anything they could find in it, including contraband that he knew was there.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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