{"id":1006,"date":"2007-11-01T08:34:34","date_gmt":"2007-05-21T05:59:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-05-21T05:59:46","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1006","title":{"rendered":"Wife consented to search just after getting order of protection"},"content":{"rendered":"

Defendant’s wife validly consented to search of her home for husband’s firearms just after she obtained an order of protection. He was a felon in possession, and he was convicted of being an armed career criminal. After the trial and not<\/em> making a motion to suppress, he raised the issue on appeal with what he had over the issue of whether he was in “possession” of the firearms. The wife’s consent was valid. United States v. Shipp, 233 Fed. Appx. 847 (10th Cir. 2007)* (unpublished).<\/p>\n

Comment:<\/em> I have read literally hundreds of cases where a female partner suffers physical or verbal abuse at the hands of the defendant, and she calls the police and consents to a search. Then, the search reveals weapons (and he’s felon in possession), drugs, or other evidence of crime in plain view. Sometimes, the defendant commits a crime against the police. The stupidity of the average criminal never ceases to amaze me. The entire criminal justice system survives off this staple.<\/p>\n","protected":false},"excerpt":{"rendered":"

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