{"id":60333,"date":"2025-03-07T09:11:59","date_gmt":"2025-03-07T14:11:59","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60333"},"modified":"2025-03-07T09:11:59","modified_gmt":"2025-03-07T14:11:59","slug":"ca10-defs-self-search-of-his-bag-was-consensual","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60333","title":{"rendered":"CA10: Def&#8217;s &#8220;self-search&#8221; of his bag was consensual"},"content":{"rendered":"\n<p>At the Albuquerque Greyhound stop, defendant encountered DEA officers on the bus and ultimately opened his own bag and showed the contents. This \u201cself-search\u201d was consensual, and he was told he had a right to refuse. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111197994.pdf\">United States v. Jackson<\/a>, 2025 U.S. App. LEXIS 4951 (10th Cir. Mar. 4, 2025).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging the dog sniff because he reasonably concluded that the government could show there was reasonable suspicion for extending the stop for it. Williams v. United States, 2025 U.S. Dist. LEXIS 37348 (S.D. W. Va. Jan. 28, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s 242 (or 192) count complaint implies the invalidity of his state conviction, so the Heck bar applies. Turner v. Kansas Court of Appeals, 2025 U.S. Dist. LEXIS 37359 (D. Kan. Mar. 3, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s claim that residential care facilities have to provide a census of children there isn\u2019t a Fourth Amendment violation. CNS Int&#8217;l Ministries, Inc. v. Bax, 2025 U.S. Dist. LEXIS 37362 (E.D. Mo. Mar. 3, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>At the Albuquerque Greyhound stop, defendant encountered DEA officers on the bus and ultimately opened his own bag and showed the contents. This \u201cself-search\u201d was consensual, and he was told he had a right to refuse. United States v. Jackson, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60333\">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":[24,23,126],"tags":[],"class_list":["post-60333","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance","category-issue-preclusion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60333","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=60333"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60333\/revisions"}],"predecessor-version":[{"id":60334,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60333\/revisions\/60334"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60333"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60333"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60333"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}