D.P.R.: When def asks for a SW and refuses consent, officers can’t just ask others

Defendant repeatedly asked for a search warrant when the officers sought consent, so there was no consent. He was present and objecting, and they couldn’t look to another to provide consent. “Considering the agents’ repeated representations, the Court cannot expect a lay person such as defendant or Mrs. Laboy to eloquently challenge the agents’ assertions on legal requirements or standards. Defendant, in this Court’s view, did enough to object when he repeated his request for a search warrant even after the agents manifested their understanding that they could bypass his request with Ms. Laboy’s consent. Defendant did not remain silent in an acquiescence state, instead he voiced his request for a search warrant over and over after the agents’, unilaterally decided Ms. Laboy’s consent would suffice.” United States v. Bernardy-Laboy, 2021 U.S. Dist. LEXIS 65006 (D.P.R. Mar. 31, 2021).

The omissions from the affidavit in support of the warrant don’t rise to the level needed to show that the warrant wouldn’t have issued if they were included. United States v. Campbell, 2021 U.S. App. LEXIS 9666 (4th Cir. Apr. 2, 2021).*

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