{"id":3117,"date":"2009-12-25T08:07:12","date_gmt":"2009-05-05T08:34:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-05T08:34:22","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3117","title":{"rendered":"LA5: Randolph<\/em> does not require defendant be asked for consent"},"content":{"rendered":"

Defendant’s furtive gesture justified a protective search of defendant’s person during a traffic stop. The court went to great lengths to explain how defendant’s failure to respond to questions added to it. State v. Bridges<\/a>, 2009 WI App 66, 319 Wis. 2d 217, 767 N.W.2d 593 (2009), review denied by
\n2009 WI 99, 2009 Wisc. LEXIS 328 (2009).*<\/p>\n

Defendant’s gesture was consent. “The Court concludes that Ms. Reynolds’ gesture towards the headboard likewise constituted implied-in-fact consent on which Officer Harris reasonably relied when he searched for the guns.” United States v. Reynolds, 2009 U.S. Dist. LEXIS 36687 (D. Me. April 21, 2009).*<\/p>\n

Juvenile’s stop was justified based on the fact he was obviously truant. Officer also had articulable suspicion that he and his cohorts were about to commit a burglary. In the Interest of J. T.<\/a>, 297 Ga. App. 636, 678 S.E.2d 111 (2009).*<\/p>\n

Defendant’s stop was only “9 minutes old” when he consented to a search of the vehicle which was found valid. Stagg v. State<\/a>, 297 Ga. App. 640, 678 S.E.2d 108 (2009).*<\/p>\n

The spirit of Randolph<\/a> does not require officers ask the defendant here for consent. Here, the officers bypassed the defendant and asked his girlfriend. State v. Johnson, 9 So. 3d 1084 (La. App. (5th Cir. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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