D.Conn.: Defendant’s prompt offer to be frisked was voluntary consent

Defendant’s prompt offer to be frisked was voluntary consent. United States v. Lopez, 2012 U.S. Dist. LEXIS 115074 (D. Conn. August 6, 2012):

Here, it could be logically argued that defendant lacked knowledge of his right to refuse the frisk because consent to a pat-down was extremely likely to result in his arrest. In other words, no rational gun-toting-felon would consent to a search if they understood their consent to be optional. However, this argument is called into question by the fact that defendant, absent any prompt or direction, offered himself up to be frisked immediately upon exiting his vehicle. That is to say, no rational gun-toting-felon would offer himself up for search without prompt – but defendant did so.

Civil forfeiture is governed by a specific statutory scheme and the state’s Rule 41 on criminal search warrants does not apply to return of the property. Harmon v. Jones, 2012 Tenn. App. LEXIS 560 (August 14, 2012).