{"id":5932,"date":"2011-12-28T19:02:34","date_gmt":"2011-08-23T12:26:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-23T12:26:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5932","title":{"rendered":"CA7: “Lawyering up” doesn’t preclude officers asking for consent"},"content":{"rendered":"

Defendant consented to a search of his car and his computer at home after he was arrested for showing up after an internet chat with a fake 15 year old girl. He was told that he could consent or the officers would get a warrant [which would almost certainly be granted, except what would they need the computer to prove?]. He consented, saying \u201cwhat\u2019s done is done.\u201d He also invoked his right to counsel, but a request for consent is not an \u201cinterrogation\u201d barred by Miranda. United States v. Knope<\/a>, 655 F.3d 647 (7th Cir. 2011):<\/p>\n

Knope also asserts that his consent was invalid because he signed the consent form after he invoked his right to counsel. He cites Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S. Ct. 1880, 68 L. Ed. 2d 378 (1981), where the Supreme Court held that police cannot continue an interrogation after the accused invokes his right to counsel. Knope’s argument is foreclosed, however, by this court’s holding that “a consent to search is not an interrogation within the meaning of Miranda.” United States v. Shlater, 85 F.3d 1251, 1256 (7th Cir. 1996); United States v. LaGrone, 43 F.3d 332, 335 (7th Cir. 1994). Indeed, we rejected nearly identical arguments in Shlater and LaGrone. Knope’s consent was not invalid on these grounds.<\/p><\/blockquote>\n

Defendant is a doctor accused of running a \u201cpill mill.\u201d She has two residences, and the government investigators concluded that she likely had large amounts of cash in her two residences. The search warrant for her house was validly issued. She\u2019s proceeding pro se. In re Hoover\u2019s Residence, 2011 U.S. Dist. LEXIS 92783 (N.D. W.Va. August 19, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-5932","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5932","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=5932"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5932\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5932"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5932"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}