{"id":7768,"date":"2012-09-29T09:40:28","date_gmt":"2012-09-29T09:40:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-29T09:40:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7768","title":{"rendered":"M.D.Fla.: Defendant&#8217;s mental illness not exploited to get his consent; he was lucid"},"content":{"rendered":"<p>Officers did not exploit defendant\u2019s mental illness to get him to consent. He was lucid at the time he consented. United States v. Vangasbeck, 2012 U.S. Dist. LEXIS 140005 (M.D. Fla. September 28, 2012):<\/p>\n<blockquote><p>Further, although the agents were aware of the Defendant&#8217;s mental illness, either just prior to or during the interview, they clearly satisfied themselves that the Defendant was lucid. During the interview, the agents questioned the Defendant to determine if he was receiving treatment, if he was hearing voices during the interview itself and the last time he heard voices. Put simply, the agents satisfied themselves that the Defendant was not suffering symptoms, was aware of his surroundings, and was answering their questions in an appropriate manner. This is what the Court would expect a reasonable officer to do once the officer became aware that a defendant may have a mental illness.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7768\">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-7768","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7768","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=7768"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7768\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7768"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}