The officer had a hunch there was contraband in defendant\u2019s car, and he told her to turn it over under threat of arrest. This was not consent. United States v. Darling, 2010 U.S. Dist. LEXIS 81658 (N.D. Cal. July 14, 2010)*:<\/p>\n
Defendant handed the putative contraband over to Ranger Jay only after he threatened arrest (as opposed to a citation) if she did not. Consent to a search is not voluntary when made under a threat of arrest. The Ninth Circuit has observed that even if an arrest had not yet been made, “consent obtained under threat of subjecting [Defendant] to such an arrest cannot be said to be voluntary.” United States v. Ocheltree<\/a>, 622 F.2d 992, 994 (9th Cir. 1980); United States v. Soriano<\/a>, 361 F.3d 494, 602 (9th Cir. 2004) (factors in assessing voluntariness of consent include whether defendant was in custody [see discussion below regarding arrest], whether Miranda warnings were given, and whether defendant was notified that she had a right not to consent).<\/p><\/blockquote>\n
Defendant ran from the police on a \u201cshow of authority\u201d and abandoned his gun. A show of authority is not a seizure. United States v. Baker, 2010 U.S. Dist. LEXIS 81457 (S.D. Ohio July 1, 2010).*<\/p>\n
Defendant\u2019s traffic stop was valid, despite the subjective basis argued for it, so everything flowed from that. United States v. Raffa, 2010 U.S. Dist. LEXIS 81573 (E.D. Tenn. July 22, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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