E.D.Tenn.: Consent shown on the totality that def didn’t have to cooperate

“The totality of the circumstances here indicate consent, not mere acquiescence by Defendant. Regarding Defendant’s relevant characteristics, he is an adult, and there is no reason to think this was his first encounter with law enforcement, given that he is alleged to have a prior felony conviction. There is no specific information regarding his intelligence or education to weigh. As to whether he understood his constitutional rights and whether he knew he had the right to refuse consent, the Court notes that when Defendant went to his truck to look for his identification, he did not comply with Hodge’s request that he ‘[h]old up.’ This tends to indicate both that Defendant knew he had not been seized and that he knew he did not have to do what Hodge asked of him.” United States v. Gyurnek, 2019 U.S. Dist. LEXIS 200733 (E.D. Tenn. Nov. 19, 2019).*

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