{"id":3245,"date":"2010-03-24T06:16:38","date_gmt":"2009-07-13T00:27:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-12T13:24:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3245","title":{"rendered":"CA7: Defendant’s girlfriend sufficiently controlled defendant’s safe in their house to consent to its seizure by the police"},"content":{"rendered":"

Defendant’s girlfriend sufficiently controlled the safe in her house and she could consent to police seizure of the safe, which was later opened with a search warrant. Defendant moved the safe to her house and only his things were in it. She knew the combination, and she told the police there was a gun in it and merely remained silent when the police expressed an interest in seizing the safe. United States v. James<\/a>, 571 F.3d 707 (7th Cir. 2009).*<\/p>\n

Trial court’s crediting officers over defendant’s completely implausible testimony as to defendant’s “standing” was not error. United States v. Cossio<\/a>, 336 Fed. Appx. 909 (11th Cir. 2009) (unpublished).*<\/p>\n

The officer called for defendant to come to talk to him, and defendant fled, dropping a gun. Seizure of the gun was valid. United States v. Knight<\/a>, 336 Fed. Appx. 900 (11th Cir. 2009) (unpublished).*<\/p>\n

19 month delay in getting search warrant for defendant’s seized computer was unreasonable. United States v. Freeman, 2009 U.S. Dist. LEXIS 58198 (D. Ore. July 8, 2009).*<\/p>\n

Nexus was shown based on the probable cause and the premises [without saying what it was]. United States v. Danner<\/a>, 344 Fed. Appx. 495 (11th Cir. 2009) (unpublished).*<\/p>\n

Defendant’s hiding his hands, refusing to get back in his vehicle, not looking ahead when told to do so, and then attempting to strike the officer was reasonable suspicion. [Obviously the latter is enough to arrest.] United States v. Hollins<\/a>, 336 Fed. Appx. 921 (11th Cir. 2009) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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