{"id":5427,"date":"2011-09-02T07:34:30","date_gmt":"2011-04-13T00:12:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-12T07:42:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5427","title":{"rendered":"FL2: \u201cDo you mind if I search you?\u201d \u201cYes\u201d is not consent"},"content":{"rendered":"

Defendant actually did not consent. [One would think from this case that juvenile judges don\u2019t give Fourth Amendment rights to children.] J.W.E. v. State<\/a>, 58 So. 3d 376 (Fla. 2d DCA 2011)*:<\/p>\n

Here, the justification for the search was the consent exception to the warrant requirement. But, as in V.H. v. State, 903 So. 2d 321 (Fla. 2d DCA 2005), the officer\u2019s testimony at J.W.E.\u2019s suppression hearing did not unequivocally establish that J.W.E. consented to the warrantless search. Indeed, the officer\u2019s testimony that J.W.E. answered \u201cyes\u201d when asked \u201cDo you mind if I search you,\u201d tended to establish that J.W.E. did not consent. Because the evidence did not unequivocally establish J.W.E.’s consent, the motion to suppress should have been granted.<\/p><\/blockquote>\n

Defendant was stopped for no seat belt, and it was discovered that her DL was suspended and there was no insurance card. Under state law, the vehicle was to be impounded, and the officer was not obligated to inquire into whether the teenage passenger could continue driving. People v. Nash<\/a>, 409 Ill. App. 3d 342, 349 Ill. Dec. 713, 947 N.E.2d 350 (2011).*<\/p>\n

For a case where what would normally be reasonable suspicion is found to be probable cause, see United States v. Flores-Manjarez<\/a>, 421 Fed. Appx. 407 (5th Cir. April 7, 2011)*:<\/p>\n

We need not reach the issue of consent because the officer had probable cause to search Flores’s vehicle because of: (1) Flores’s nervousness, which manifested itself in various ways; (2) the fact that Flores came from Laredo, which the officer knew to be a major source city for narcotics; (3) the smell of axle grease, which the officer knew to be a cover odor for narcotics; (4) Flores’s contradictory answers regarding his trip; (5) Flores’s contradictory answers regarding the fingerprints on the car’s trunk; (6) Flores’s evasive answers regarding whether the car contained illegal substances; and (7) Flores-Manjarez’s evasive actions prior to the traffic stop. In light of the circumstances, taken together, and viewing the evidence in the light most favorable to the Government, see Zavala, 541 F.3d at 574, the officer had probable cause to search Flores’s car.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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