Category Archives: Voluntariness

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.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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D.Kan.: Preservation request under SCA isn’t a search or seizure

A preservation request under 18 U.S.C. § 2703(f) for defendant’s Snapchat account isn’t an unreasonable search or seizure. Even if, “suppression would not be warranted because the FBI acted in good faith reliance on the Stored Communications Act. As a … Continue reading

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CA8: Failure to mention CI’s convictions or payments for information wasn’t material

The warrant affiant’s failure to mention the CI was paid or had convictions wasn’t material to change the outcome of the probable cause determination. With CIs, things like that can be assumed. United States v. Riaski, 2024 U.S. App. LEXIS … Continue reading

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D.Mass.: Plea agreement foreclosed return of property

Defendant’s plea agreement foreclosed his Rule 41(g) motion for return of property. United States v. Spencer, 2023 U.S. Dist. LEXIS 206257 (D. Mass. Nov. 17, 2023). Defendant’s motion to reconsider denial of his motion to suppress the timeliness of his … Continue reading

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Cal.3d: Falsely telling def that officers wouldn’t tow his car if he consented to a search made the consent involuntary

Falsely telling defendant that officers wouldn’t tow his car if he consented to a search made the consent involuntary. Here, the officer’s statement as to the law was false. Boitez v. Superior Court, 2023 Cal. App. LEXIS 859 (3d Dist. … Continue reading

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GA: SW for things that were not controlled substances entitles target to return of the property

The search warrant here was for delta-8,9,10-THC but 8 and 10 are not controlled substances. Lacking probable cause for them, the search target is entitled to return of its property. Elements Distribution v. State, 2023 Ga. App. LEXIS 535 (Nov. … Continue reading

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NE: Reliability of Google Translate app for use to get consent to search not preserved below

Consent to search granted by a non-English speaking suspect via Google Translate app was not properly preserved for appeal as to the accuracy of the translation. “While Hernandez’ counsel objected to the admission of the evidence obtained from the search … Continue reading

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OH7: Def didn’t impliedly consent to officer’s entry into hotel room when def was getting his ID

The officer encountered defendant in the hotel lobby. He asked for defendant’s ID, and defendant said he had to go to his room to get it. The officer asked if he could accompany him to the room. The officer’s entry … Continue reading

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WA: Driver couldn’t consent to search of passenger’s backpacks

Defendant was in a car that was stopped for a traffic offense. He had warrants and he tried to flee the scene, but didn’t get far. In the car were his backpacks. The driver consented to a search of the … Continue reading

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GA: 2022 SW for cell phone illegally searched in 2020 had no independent basis; no GFE

The trial court did not err by granting the motion to suppress evidence seized as a result of the search of his cell phone because the State’s original warrantless search in 2020 was improper and the State did not remedy … Continue reading

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E.D.Mo.: Despite initial deception from officers, cell phone search was by consent

“Even when Sgt. Sublette’s initial deception is considered, the totality of the circumstances amount to voluntary consent by Carron. At the time of the encounter, Carron was a 44-year-old man who appeared to be reasonably intelligent with prior experience in … Continue reading

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N.D.Ala.: Wrong street number in a SW didn’t void it where house was well described and officers had been there before

The wrong street number on the search warrant did not make it invalid. Officers knew the house from surveillance, and it was described. The right house was searched. “So, the erroneous street number did not make the warrant invalid.” Threatt … Continue reading

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OH3: Threat to get a SW didn’t coerce consent where there was PC for one

Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying … Continue reading

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Three on consent from 7/20

Police responded to a shots fired call. The bodycam video shows that there was consent for entry into the home, albeit granted reluctantly. (Based on the factual recitation, it was likely a warrantless entry could have occurred because there was … Continue reading

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OH12: No const’l requirement to call owner before vehicle impoundment

Neither the federal nor state constitution require an officer to call the owner of a car to come and get it off a parking lot rather than it be towed when the driver is arrested. State v. Edwards, 2022-Ohio-2384, 2022 … Continue reading

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CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

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N.D.Ill.: Alleged violation of police dept policy on consent didn’t affect 4A claim here

The defense claim the officer somehow violated department policy in obtaining consent doesn’t bear on the constitutional question at all. There was at least reasonable suspicion for his stop and the encounter. United States v. Lopez-Garcia, 2022 U.S. Dist. LEXIS … Continue reading

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VI: Procedural errors in telephonic SW not suppressible without recklessness or bad faith

The procedural deficiencies in obtaining the telephonic warrants did not render them invalid. There was no showing of bad faith by the officers. People v. Glasford, 2022 VI SUPER 42, 2022 V.I. LEXIS 40 (Apr. 19, 2022). A person detained … Continue reading

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CA10: Def’s actions were completely consistent with innocence and did not add up to RS

The officer did not have reasonable suspicion for defendant’s stop or its continuation. Defendant’s actions were consistent with somebody who had nothing to hide, and the district court’s findings got no presumption of correctness. Denial of the suppression motion reversed. … Continue reading

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