The government fails in its burden to show consent to a patdown of defendant\u2019s person. There was a language barrier, and previous questions and statements were translated, but this one wasn\u2019t. \u201cEven though that defendant said \u2018yes\u2019 in response to SA Perry’s request, the court interpreted the word \u2018yes\u2019 \u2018as an acknowledgment that Perry had spoken to her, rather than consent to submit to a search…\u2019 2013 U.S. Dist. LEXIS 201450, [WL] at *8.\u201d United States v. Garcia-Guzman, 2020 U.S. Dist. LEXIS 3731 (D. N.M. Jan. 7, 2020).*<\/p>\n
The government showed reasonable suspicion for a cell phone search at the border based on what else was on her and her travels in a rental car and suspicion she was running firearms. United States v. Haynes, 2020 U.S. Dist. LEXIS 3426 (S.D. Fla. Jan. 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The government fails in its burden to show consent to a patdown of defendant\u2019s person. There was a language barrier, and previous questions and statements were translated, but this one wasn\u2019t. \u201cEven though that defendant said \u2018yes\u2019 in response to … Continue reading