{"id":28607,"date":"2017-08-16T06:56:23","date_gmt":"2017-08-16T11:56:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28607"},"modified":"2017-08-16T07:06:35","modified_gmt":"2017-08-16T12:06:35","slug":"ca8-def-consented-by-is-admissions-on-two-recordings-and-rejecting-expert-witness-saying-consent-form-was-forged","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28607","title":{"rendered":"CA8: Def consented by his admissions on two recordings and rejecting expert witness saying consent form was forged"},"content":{"rendered":"<p>The district court\u2019s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government\u2019s cross examination attacked the witness\u2019s methodology and qualifications, and the district court\u2019s rejection of the opinion was within its discretion. Otherwise, the district court found the consent voluntary based on defendant\u2019s recorded admissions at the scene and in a jail call. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/17\/08\/153592P.pdf\">United States v. Lebeau<\/a>, 2017 U.S. App. LEXIS 15021 (8th Cir. Aug. 14, 2017).<\/p>\n<p>Defendant\u2019s stop was justified by speeding, but also by detailed information from a CI that defendant would come by at that time carrying drugs. United States v. Harry, 2017 U.S. Dist. LEXIS 125061 (N.D. Iowa Aug. 8, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court\u2019s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government\u2019s cross examination attacked the witness\u2019s methodology and qualifications, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=28607\">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":[24,44],"tags":[],"class_list":["post-28607","post","type-post","status-publish","format-standard","hentry","category-consent","category-informant-hearsay"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28607","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=28607"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28607\/revisions"}],"predecessor-version":[{"id":28610,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28607\/revisions\/28610"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28607"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}