Category Archives: Consent

W.D.N.Y.: Def wearing a mask to make him harder to identify doesn’t immunize his arrest on a warrant

“Wearing a mask does not immunize a wanted person from a valid arrest warrant. Here, law enforcement properly executed an arrest warrant for Defendant Apprentiace Singletary. Singletary cannot argue that his arrest was unreasonable under the Fourth Amendment because he … Continue reading

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CO: Drunk driving tip line report was not anonymous

A report through a drunk driving tip line was not anonymous. Even if it were, the officer developed reasonable suspicion before the stop. People v. Dacus, 2024 CO 51, 2024 Colo. LEXIS 565 (June 24, 2024).* Defendant’s arrest on a … Continue reading

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WA: Using software to search a cell phone doesn’t violate particularity

Use of software to search a cell phone did not violate the particularity of the warrant. The Fourth Amendment and the state constitution are intended to prevent a general rummaging, and the use of software facilitates people not looking at … Continue reading

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TX10: Even if def’s CSLI was erroneously admitted at trial, it was harmless

Even if defendant’s CSLI was erroneously admitted at trial, it was harmless on this record. State v. Roberts, 2024 Tex. App. LEXIS 4847 (Tex. App. – Waco July 11, 2024). Leave to file a successor 2255 denied. The Fourth Amendment … Continue reading

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MA: Kicking off shoes when police asked for them showed consent

Kicking off one’s sneakers when police asked for them was consent. Commonwealth v. Rodrigues, 2024 Mass. App. LEXIS 91 (July 11, 2024). This search warrant in a RICO case adequately showed probable cause for defendant’s cell phone. United States v. … Continue reading

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E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

“Considering the totality of the circumstances, and for whatever reason the officers had for going to Defendant’s residence, the Court concludes that the knock and talk procedure used here did not give rise to a constructive entry. As discussed above, … Continue reading

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Cal.1: California juries may be instructed on refusal of consent to blood draw and insisting on a SW as evidence of guilt

“The question presented here is this: If, following a valid arrest for such an offense, a motorist refuses to cooperate in the taking of a blood test unless a warrant is first obtained, may the jury at the motorist’s ensuing … Continue reading

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D.Utah: An A-C communication seized that was still in the hands of the taint team was not a 4A or 6A violation

An attorney-client letter was obtained by search warrant and it was isolated by the taint team. Because no case was pending at the time, the Sixth Amendment was not violated, and the dismissal or disqualification is an necessary remedy. United … Continue reading

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DE: Consent to search cell phone after false statement officers had SW was invalid

Defendant’s alleged consent to search his cell phone came after officers told him they had a warrant, which they didn’t, until the next day. Defense counsel was ineffective for not challenging the search. Matthews v. State, 2024 Del. LEXIS 202 … Continue reading

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D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading

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CA9: Passenger parolee’s area of car was subject to search under his waiver

Defendant parolee was a passenger in a car, and the area of the car he was sitting in was subject to search. United States v. Pullen, 2024 U.S. App. LEXIS 13604 (9th Cir. June 5, 2024). “The blood draw was … Continue reading

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CO: Statutory driver consent to testing can be revoked

Statutory consent to breath or blood test by driving can be revoked. Tarr v. People, 2024 CO 37, 2024 Colo. LEXIS 461 (June 3, 2024):

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D.N.M.: Conflict of laws: Does the law of the circuit of the search apply or where the court sits?

Conflict of laws: The search was in the Ninth Circuit but the court sits in the Tenth. Which version of the independent source doctrine applies? As interesting as that question is, despite differences, it doesn’t actually matter here, because it … Continue reading

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CA11: Denial of 41(g) motion for return of property not appealable while case or investigation is going on

Denial of a Rule 41(g) motion for return of property lacks jurisdiction for an interlocutory appeal when there’s a pending criminal investigation. Burke v. United States, 2024 U.S. App. LEXIS 12590 (11th Cir. May 24, 2024). “Considering the totality of … Continue reading

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FL: Driver can be ordered from car before dog sniff under Mimms

“We hold that binding Fourth Amendment precedent permits a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep.” [Mimms] State v. Creller, 2024 … Continue reading

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D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

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DC: Accepting a law license is consent to trust account subpoenas

Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading

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AR: RS def rented a hotel room was sufficient for search waiver; PC not required

For determining whether the place searched, here a hotel room, is a probationer’s for a search waiver, reasonable suspicion and not probable cause is the standard to be applied. State v. Bailey, 2024 Ark. 87, 2024 Ark. LEXIS 74 (May … Continue reading

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D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it

Police had a search warrant for defendant’s cell phone and face and fingerprint to open it. He remained silent. They got past the first step and the phone asked for the passcode. He entered the first four digits without prompting … Continue reading

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VA: Consent to look in backpack permitted search of pill bottle

Defendant’s consent to look in his backpack didn’t require separate consent to look in a pill bottle. Lee v. Commonwealth, 2024 Va. App. LEXIS 258 (May 7, 2024). CBP had reasonable suspicion for the stop of a Jeep meeting four … Continue reading

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