{"id":6207,"date":"2011-12-01T14:24:31","date_gmt":"2011-10-31T06:08:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-31T06:08:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6207","title":{"rendered":"CA8: Video of stop was best evidence of defendant’s consent"},"content":{"rendered":"

Video of the stop confirms that defendant consented to a dog sniff and believed he was free to go. [But, once the questioning begins, does anybody really free to leave?] United States v. Bowman<\/a>, 660 F.3d 338 (8th Cir. 2011)*:<\/p>\n

The DVD of the stop is the best evidence of what happened; it confirms that written record which supports the conclusion that the interaction between the Trooper and Bowman after the tickets were issued was cooperative and consensual. The Trooper asked Bowman if he would answer additional questions and Bowman replied \u201cyeah\u201d and then responded to those questions, all of which were drug interdiction questions. The Trooper then asked Bowman if he would consent to a search of his car, to which Bowman responded \u201cno.\u201d (This alone indicates that Bowman understood that he was not required to comply with the Trooper’s requests.) Then Bowman told the Trooper that he was \u201ccool\u201d with a dog-sniff search. There are no facts that would indicate a Fourth Amendment seizure occurred. This appeal point is thus also without merit.<\/p><\/blockquote>\n

ICE raid on a restaurant led to appellant\u2019s arrest for entering and remaining in the country illegally. While an egregious violation of the Fourth Amendment might lead to suppression, the government does not even rely on that here, and the exclusionary rule does not otherwise apply to removal proceedings. Garcia-Torres v. Holder<\/a>, 660 F.3d 333 (8th Cir. 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-6207","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6207","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=6207"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6207\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6207"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}