{"id":6210,"date":"2011-12-17T13:16:00","date_gmt":"2011-10-31T07:14:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-31T07:14:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6210","title":{"rendered":"NM: Consent given to one officer while a team swarmed his property and a helicopter hovered overhead was not voluntary"},"content":{"rendered":"<p>Consent given when there was a team of officers on defendant\u2019s property and a helicopter hovering overhead. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/NMCA\/2011\/11ca-102.pdf\">State v. Davis<\/a>, 2011 NMCA 102, 263 P.3d 953 (2011), Certiorari Granted, October 4, 2011, No. 33,203:<\/p>\n<blockquote><p>[*16]  Although Defendant gave specific and unequivocal consent, we conclude that the consent was given under duress and coercive circumstances. Defendant was surrounded by numerous uniformed, armed law enforcement officers and several law enforcement vehicles while a helicopter hovered overhead. Professor LaFave observes in his treatise that, although such circumstances are not per se coercive, \u201c[t]he presence of a number of policemen is likely to suggest that the police are contemplating an undertaking which does not depend upon the cooperation of the individual from whom permission to search is being sought.\u201d 4 Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment \u00a7 8.2(b), at 62 (4th ed. 2004). Although only Officer Merrell approached Defendant to seek consent, it is undisputed that the remaining officers were spread throughout the property and were visible to Defendant during his exchange with Officer Merrell.<\/p><\/blockquote>\n<p>There was no showing that the stop\u2019s lasting 15 minutes was not the normal incidents of a traffic stop. [Almost sounds like the burden has shifted here to the defendant to show it was not reasonable rather than the government proving it was reasonable.] United States v. McGee, 2011 U.S. Dist. LEXIS 124677 (S.D. W.Va. October 27, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6210\">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-6210","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6210","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=6210"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6210\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6210"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6210"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6210"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}