{"id":44757,"date":"2020-07-30T08:00:01","date_gmt":"2020-07-30T13:00:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44757"},"modified":"2020-07-30T08:01:09","modified_gmt":"2020-07-30T13:01:09","slug":"md-officer-had-rs-and-consent-for-patdown","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44757","title":{"rendered":"MD: Officer had RS and consent for patdown"},"content":{"rendered":"\n<p>The officer had reasonable suspicion but he asked for consent to search defendant\u2019s person for a weapon, which he granted. It was consensual on the totality. Defendant didn\u2019t make a state constitutional argument in the trial court but did on appeal. (Even if not waived,) State interpretation of consent is the same as under the Fourth Amendment.  <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/cosa\/2020\/3351s18.pdf\">Scott v. State<\/a>, 2020 Md. App. LEXIS 734 (July 29, 2020):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Weider had believed he had more than a hunch that Scott was carrying a handgun &#8211; i.e., that he had reasonable suspicion &#8211; he would have patted Scott down. Apparently, he did not believe he had reasonable suspicion, so he took the next logical, safety-driven action: asking Scott for permission to search the pocket he was grabbing.<\/p><p>A complete overview of the circumstances reveals a &#8220;legitimate need&#8221; for a consent to search with &#8220;the equally important requirement&#8221; that the consent to search was given willingly, not by coercion that overbore Scott&#8217;s freedom to decide for himself whether to allow Officer Weider to search his pocket. See Schneckloth, 412 U.S. at 227.<\/p><p>Under the total circumstances, Scott&#8217;s consent was voluntary.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The officer had reasonable suspicion but he asked for consent to search defendant\u2019s person for a weapon, which he granted. It was consensual on the totality. Defendant didn\u2019t make a state constitutional argument in the trial court but did on &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=44757\">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":[24,35,53],"tags":[],"class_list":["post-44757","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion","category-state-constitution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44757","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=44757"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44757\/revisions"}],"predecessor-version":[{"id":44759,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44757\/revisions\/44759"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44757"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}