Defendant’s consent to taking blood and urine was hardly voluntary when he was restrained, weeping, and never signed consent form

Defendant’s consent to taking of blood and urine was not voluntary. His mental condition was obviously vulnerable. He could not read, had to be forcibly restrained while the consent form was initially being read to him, was weeping on his wife’s shoulder while the remainder of the form was read to him, and never signed the form. Although his wife signed the form, the trooper admitted that she never indicated that defendant understood it. State v. Stephens, 289 Ga. App. 167, 657 S.E.2d 18 (2008).*

Facts supported the conclusion that the third party consenter in this case had sufficient common authority to consent. He, too, was a guest of 3-4 weeks, and defendant slept in a common area of the apartment on a mattress on the floor. State v. Smith, 105 Conn. App. 278, 937 A.2d 1194 (2008).*

Stop was based on reasonable suspicion, and the officers could order the defendants from the car, which led to a valid plain view. State v. Anthony, 971 So. 2d 1219 (La. App. 5th Cir. 2007).*

Unprovoked flight and discarding of gun was abandonment. State v. Lemar, 2007 La. App. LEXIS 2395 (La. App. 5th Cir. November 27, 2007),* released for publication January 14, 2008.