{"id":7737,"date":"2012-09-21T15:39:15","date_gmt":"2012-09-20T07:38:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-20T07:38:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7737","title":{"rendered":"M.D.Fla.: Consent was spontaneous, but where DL was not clear"},"content":{"rendered":"<p>While the record is not clear that the defendant\u2019s DL remained with the officer when consent was granted, it was seemingly spontaneous and that supported voluntariness. United States v. Cusick, 2012 U.S. Dist. LEXIS 133687 (M.D. Fla. September 19, 2012).* Note: The court minimizes the factual issue of the DL being in the officer\u2019s hand on the question of \u201cfree to leave.\u201d With the PATRIOT Act and everybody seemingly requiring a driver\u2019s license to conduct everyday business, one simply is not free to leave when his DL is in the officer\u2019s hand. This is as much or more a seizure of the person as seizure of the suitcase of a traveler in <a href=\"http:\/\/scholar.google.com\/scholar_case?case=5031844227599510007&amp;q=place&amp;hl=en&amp;as_sdt=1002\">Place<\/a> interferes with travel. Indeed, if you asked officers what they would do if the motorist drove off without the license, it is a virtual certainty that they would stop the motorist for driving without a license or for just being suspicious. This is important. Watch for it.<\/p>\n<p>\u201cA novel [Fourth Amendment] issue alone cannot be the basis of finding complexity\u201d for excess compensation for appointed counsel under the Criminal Justice Act. United States v. Brandwein, 2012 U.S. Dist. LEXIS 133926 (W.D. Mo. September 19, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7737\">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-7737","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7737","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=7737"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7737\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7737"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}