{"id":3165,"date":"2010-03-23T09:20:06","date_gmt":"2009-05-31T16:07:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-31T16:07:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3165","title":{"rendered":"OR: Defendant heard from PO on cell phone he was subject to search so he said to officer &#8220;You can search me,&#8221; and that was consent"},"content":{"rendered":"<p>Defendant was on supervision, and his PO told the police to call them if they contacted him.  The officer encountered the defendant on a theft allegation, and called the PO who told the officer that defendant had a search condition. Defendant said that he wanted to hear that from the PO himself, so the officer handed the phone to defendant. &#8220;While still talking to [the PO], defendant put both hands up and told [the officer], &#8216;You can search me.&#8217; {The officer] took the phone from defendant and terminated the call.&#8221;  That was valid consent to search.  <a href=\"http:\/\/www.publications.ojd.state.or.us\/A133708.htm\">State v. Wammack<\/a>, 228 Ore. App. 520, 208 P.3d 1000 (2009).*<\/p>\n<p>Having previously been seen by the officer doing hand to hand drug deals and then following officer home apparently in &#8220;some amateurish counter-surveillance in support of their illegal drug activity&#8221; was reasonable suspicion. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/082919np.pdf\">United States v. Matthews<\/a>, 330 Fed. Appx. 364 (3d Cir. 2009)* (unpublished).<\/p>\n<p>The officer asked a witness yes or no leading questions, and that alone does not mean that there was not probable cause for issuance of a search warrant for the plaintiff&#8217;s property. Omitted information did not show that there was no probable cause for the search warrant. Blanchard v. Lonero, 2009 U.S. Dist. LEXIS 44855 (E.D. La. May 28, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3165\">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-3165","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3165","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=3165"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3165\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3165"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}