An officer lawfully in a house shining a flashlight into a bedroom saw a shiny object on a night stand. Suspecting it was a gun, he retrieved it. The gun was in plain view. United States v. Simmons, 861 F. Supp. 2d 307 (S.D. N.Y. 2012).<\/p>\n
Failing to object to a search as it takes place is implied consent. United States v. Simmons, 2012 U.S. Dist. LEXIS 54360 (E.D. Mo. April 4, 2012).* [Note: Can\u2019t agree with this because most people are afraid or unwilling to speak at the time of a search. They are submitting to authority, and the police know it.]<\/p>\n
The tipster here was a suspicious person, and the officer getting it clearly did not trust the tipster and called a supervisor for advice after getting the tip a second time. In total, the tipster could not be relied upon for reasonable suspicion. United States v. Melendez, 2012 U.S. Dist. LEXIS 53663 (S.D. Fla. March 30, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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