{"id":6837,"date":"2012-10-25T10:01:12","date_gmt":"2012-03-17T18:09:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-17T18:09:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6837","title":{"rendered":"NM: No right for juvenile to be told of right to refuse consent"},"content":{"rendered":"

Defendant was stopped for a traffic offense, and he had a bandana with a marijuana leaf design hanging from the mirror. The officer asked for consent to search his person and then called for back up. He then asked for consent to search the car. The court holds there is no right under state law to have the Fourth Amendment read more broadly to require that juveniles get a warning of a right to refuse a search of a car. State v. Carlos A.<\/a>, 2012
\nNMCA 69, 284 P.3d 384 (2012).*<\/p>\n

Police stopped behind defendant\u2019s car which was double parked in front of a garage at 3 a.m. They had a CI\u2019s report, and the car matched a radio call of it being involved in an incident. The occupant made a furtive movement toward the floor. On the totality, they had reasonable suspicion. United States v. Parker<\/a>, 467 Fed. Appx. 120 (3d Cir. 2012) (unpublished).*<\/p>\n

Defendant failed to show that he had a reasonable expectation of privacy in the hotel room of another that was searched. He was neither the renter nor the additional guest, but he had a key. It was not shown that the key was to that room. \u201cIn any event, as he concedes, possession of a key to a hotel room, without more, does not establish a reasonable expectation of privacy in the room. Cooper, 203 F.3d at 1286 n.7 (citing United States v. Conway, 73 F.3d 975, 980 (10th Cir. 1995)). Nor did Bushay prove that the vehicle he was operating was a vehicle that was \u2018registered\u2019 for room 308.\u201d He was not an overnight guest, and he lacked standing to contest a search that produced a gun associated with him. United States v. Bushay, 2012 U.S. Dist. LEXIS 33653 (N.D. Ga. January 24, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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