{"id":713,"date":"2007-11-15T21:37:41","date_gmt":"2007-01-15T09:48:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-01-15T09:48:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=713","title":{"rendered":"Co-tenant could consent; no evidence defendant was removed just to prevent him from objecting"},"content":{"rendered":"

The defendant’s co-tenant could consent as long as there was no showing that the defendant’s removal from the premises was not to prevent him from consenting, following United States v. Groves,<\/em> 470 F.3d 311, 321(7th Cir. 2006). United States v. Ryerson, 2007 U.S. Dist. LEXIS 2279 (W.D. Wis. January 9, 2007).*<\/p>\n

Owner of a tire shop in Memphis was arrested and he consented to a search of his business. Officers already had a conversation on a wire where one employee bragged that they had guns on the premises and one was an armed felon, and that gave reasonable suspicion to confront the employees with drawn weapons. Defendant was not an employee of the tire shop, but it was understood that he was to the officers when they entered. The initial detention was reasonable under Summers<\/em> and the frisk of defendant was reasonable based on officer safety. United States v. Bearden, 213 Fed. Appx. 410 (6th Cir. 2007)* (unpublished).<\/p>\n

After an anonymous tip of marijuana growing on defendant’s property, police got a search warrant. “What is in dispute is the timing of the search vis-a-vis the issuance of the warrant.” The trial court found the search followed issuance of the warrant, and that was not clearly erroneous. United States v. Hartman, 213 Fed. Appx. 396 (6th Cir. 2007)* (unpublished).<\/p>\n

Excessive force claim during seizure for mental evaluation of reportedly suicidal citizen failed because the officer’s conduct under all the circumstances was not unreasonable and did not shock the conscience. Clark v. Summit County, 508 F. Supp. 2d 929 (D. Utah 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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