{"id":2673,"date":"2008-12-04T14:51:13","date_gmt":"2008-11-12T08:56:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-12T08:56:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2673","title":{"rendered":"N.D. Iowa: Consent in violation of <em>Miranda<\/em> can still be valid"},"content":{"rendered":"<p>Consent obtained in violation of <em>Miranda<\/em> can still be valid. A consent is not an incriminating statement. Voluntariness must still be considered, and here it was. United States v. Golinveaux, 2008 U.S. Dist. LEXIS 91075 (N.D. Iowa November 6, 2008):<\/p>\n<blockquote><p>The Court finds that when Defendant consented to a search of her car, she was in custody and had invoked her right to counsel (despite not having been given a Miranda warning). Nonetheless, clear precedent in the Eighth Circuit provides that &#8220;a consent to search is not an incriminating statement.&#8221; Cody, 755 F.2d at 1330. Accordingly, Defendant is not entitled to relief under the Fifth Amendment and Miranda.<\/p>\n<p>. . .<\/p>\n<p>After considering all of the facts and circumstances, the Court concludes that the Government has met its burden of proving by a preponderance of the evidence that Defendant&#8217;s consent to search her vehicle was given voluntarily. While Defendant was asked more than once to consent to a search of her vehicle, there is no evidence that the officers were threatening or that the dialogue was unduly coercive. The Court believes that Captain Berte had a legitimate concern that if the vehicle contained other chemicals used to manufacture methamphetamine, then it could constitute a danger to persons using the parking lot at Wal-Mart. Having found that Defendant&#8217;s consent to search was given voluntarily, the Court concludes that Defendant is not entitled to relief on this ground.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2673\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2673","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2673","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2673"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2673\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2673"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}