{"id":4755,"date":"2011-01-11T16:21:27","date_gmt":"2010-10-10T13:40:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-10T13:40:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4755","title":{"rendered":"OR: Knock-and-talk led to multiple requests for consent everywhere the officer asked to look, and it was all valid"},"content":{"rendered":"<p>An officer came to defendant\u2019s house on a knock-and-talk to ask about a stolen computer. \u201cDefendant said that he had only two computers, one in the living room and one in his bedroom. After defendant showed the deputies a desktop computer in the living room, Yazzolino asked to see the computer in the bedroom. Defendant consented but asked whether they had a \u2018good reason\u2019 for talking to him. Yazzolino replied, \u2018I wouldn\u2019t be there if I didn\u2019t.\u2019\u201d Defendant succeeded in being asked for consent serially about various things in his house and consented to all of it. Officers found guns, and he admitted that he was a felon in possession. He contended that he was coerced but he agreed that the officer used \u201cnice words.\u201d He was found to have voluntarily consented, over and over again. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A141236.htm\">State v. Zamora<\/a>, 237 Ore. App. 514, 240 P.3d 91 (2010).*<\/p>\n<p>When the officer first asked for consent to search defendant\u2019s car, it was denied and he did not have probable cause. Then, defendant\u2019s girlfriend admitted there was marijuana in the car, and that gave probable cause to search it and it was still mobile. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A140430.htm\">State v. Kurokawa-Lasciak<\/a>, 237 Ore. App. 492, 239 P.3d 1046 (2010).*<\/p>\n<p>Defendant\u2019s travel plans here were indicative of reasonable suspicion on the totality of circumstances [and, it is barely suspicious]. United States v. Berg, 2010 U.S. Dist. LEXIS 106730 (E.D. Mich. October 6, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4755\">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-4755","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4755","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=4755"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4755\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4755"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4755"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4755"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}