{"id":2691,"date":"2009-03-15T10:14:07","date_gmt":"2008-11-20T08:14:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-20T08:14:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2691","title":{"rendered":"CA10: SCOTUS’s view of question of consent in an encounter is likely wrong [oh, it is]"},"content":{"rendered":"

The Tenth Circuit considers the question of consent on a 7-11 parking lot and finds that it was consensual, evaluating at length all the factors, United States v. Thompson<\/a>, 546 F.3d 1223 n. 1 (10th Cir. 2008), making this pointed, and quite correct, observation:<\/p>\n

It might bring greater clarity to this area of the law if the test were framed in terms of whether the officer’s behavior is coercive rather than whether, under the circumstances, the reasonable person would feel “free to disregard the police,” which we suspect is unrealistic.<\/p><\/blockquote>\n

Defendants had qualified immunity because of probable cause to arrest. Williams v. Miami-Dade Police Dep’t<\/a>, 297 Fed. Appx. 941 (11th Cir. 2008) (unpublished).*<\/p>\n

Defendant’s computer was in the shop for repair, and the repair geek saw a child porn image and called the police. They came and saw the image and seized the computer. The defendant was called and consented the next day to a search of the computer, which was valid. United States v. Scott, 2008 U.S. Dist. LEXIS 93105 (W.D. N.C. November 17, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-2691","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2691","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=2691"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2691\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2691"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2691"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2691"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}