CA4: When officer asked to pat him down, def raised his arms, and that’s consent

When the officer asked to pat him down, defendant raised his arms. That was consent. There was also reasonable suspicion. United States v. Pentecost, 2022 U.S. App. LEXIS 34656 (4th Cir. Dec. 15, 2022).*

“[I]n-home interviews are presumptively non-custodial.” United States v. Grenkoski, 2022 U.S. Dist. LEXIS 224328 (E.D. Ky. Oct. 21, 2022).*

The officers had reasonable suspicion defendant was involved with a stolen ATV when he was stopped. United States v. Hodges, 2022 U.S. Dist. LEXIS 224404 (N.D. Okla. Oct. 28, 2022).*

The officer came to talk to defendant and had a recorder hidden in a notebook. Defendant took a call and put the phone on the table on speakerphone. The officer pulled out the recorder. Defendant was aware the call was being recorded, and no Fourth Amendment right was violated. United States v. Woods, 2022 U.S. Dist. LEXIS 224659 (S.D. Ga. Nov. 22, 2022).*

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