Category Archives: Voluntariness

N.D.Tex.: Knock-and-talk led to a consent search

Defendant’s knock-and-talk led to a consent search. “Courts consider six primary factors to determine whether consent to a search is knowing and voluntary: (1) the voluntariness of the defendant’s custodial status; (2) presence of coercive police procedures; (3) the extent … Continue reading

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D.Neb.: “Defendant’s own characteristics show his consent was voluntary.”

“Defendant’s own characteristics show his consent was voluntary. Defendant was an adult and conversed easily with officers prior to the search. He appeared to be at least of average intelligence. Defendant’s answers to the officer’s questions and his overall demeanor … Continue reading

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IN: Even with a typo in the address of the place to be searched in the warrant, the correct otherwise particularly described place was searched

The address on the search warrant was wrong, but the physical description for defendant’s place was different than place with the wrong address. Defendant’s place was the target and it was searched under the warrant. The search warrant was sufficiently … Continue reading

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CA2: Officers had reasonable belief the person granting consent was a co-occupant

Crediting the police officers’ version, the district court found that the officers had substantial reason to believe the person granting consent was an occupant of the place searched. United States v. Vega, 2021 U.S. App. LEXIS 38169 (2d Cir. Dec. … Continue reading

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OH11: No standing in father’s cell phones even when communicating with defense experts

Defendant is charged with killing his wife. He didn’t have standing to challenge a search warrant for his father’s cell phones where attorney-client privilege in their contents was asserted because the father was communicating with expert witnesses in his case. … Continue reading

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D.Minn.: Consent to search cell phone was voluntary after def was told of right to refuse and revoke consent once given

Defendant consented to a seizure and search of his cell phone after being told of his right to refuse and to revoke consent at any time. United States v. Fairbanks, 2021 U.S. Dist. LEXIS 210371 (D.Minn. Nov. 1, 2021). Plaintiff … Continue reading

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D.N.M.: Announcement of unlawful search here led to involuntary confession

“Here, the Agents did not, in the end, violate the Fourth Amendment. So, the question this Court confronts now is whether the announcement of an unlawful search, which is not in fact completed, render an elicited confession involuntary and inadmissible? … Continue reading

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OH5: Def’s consent after being told drug dog was coming for her car wasn’t voluntary

The trial court held defendant’s consent was involuntary. She was asked for consent and told that a drug dog was coming so she might as well give it up. The conclusion is supported by the evidence and isn’t clearly erroneous. … Continue reading

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W.D.N.C.: Using a key to open a lockbox named in a SW rather than breaking it open is hardly unreasonable

Using defendant’s key to unlock a lockbox within the terms of the search warrant was not unreasonable. United States v. Frady, 2021 U.S. Dist. LEXIS 205784 (W.D.N.C. Oct. 26, 2021).* [Does he really expect that breaking into it is the … Continue reading

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W.D.Ky.: Tracking def’s cell phone for weeks with an order issued on PC to find him wasn’t unreasonable

A tracking order was issued on probable cause to locate defendant after available public sources didn’t locate him. He argues for a “less intrusive means” type test, which it isn’t called, but the argument fails because the government tried that. … Continue reading

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CO: Anonymous, uncorroborated, and stale tip on school safety hotline not RS

An anonymous tip through a school safety hotline was also uncorroborated and stale and did not provide reasonable suspicion for a school search. In the Interest of C.C-S., 2021COA127, 2021 Colo. App. LEXIS 1440 (Oct. 20, 2021). See techdirt: Students … Continue reading

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D.V.I.: Consent wasn’t voluntary where def refused consent and officers kept asking

Defendant’s consent was involuntary. He refused consent and the officers kept asked him three times to get him to agree. United States v. Clark, 2019 U.S. Dist. LEXIS 126985 (D. V.I. July 30, 2019). Defendant on the totality consented to … Continue reading

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TN: No consent to blood draw where def pulled out of car at gun point and told his blood was being taken

Defendant did not freely and voluntarily give his actual consent because he was pulled over by police officers, ordered out of his car at gun point, read the implied consent form, and informed that officers would hold him down and … Continue reading

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