{"id":13570,"date":"2014-10-05T18:07:48","date_gmt":"2014-10-05T23:07:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13570"},"modified":"2014-10-05T18:08:27","modified_gmt":"2014-10-05T23:08:27","slug":"d-mass-implicit-authority-to-enter-was-granted-by-the-consenters-actions-not-her-words","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13570","title":{"rendered":"D.Mass.: Implicit authority to enter was granted by the consenter&#8217;s actions not her words"},"content":{"rendered":"<p>Consent to enter to look for the defendant was granted by the lady who answered the door who put a finger to her lips, looked to a door, and said \u201cHe\u2019s not here.\u201d The officers reasonably concluded that was apparent authority to enter to arrest him. United States v. Bey, 2014 U.S. Dist. LEXIS 139581 (D. Mass. October 1, 2014).*<\/p>\n<p>Defendant\u2019s urinating on the side wall of a convenience store where others could see him was reasonable suspicion to detain him. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2014\/2014-ohio-4403.pdf\">State v. Alsup<\/a>, 2014-Ohio-4403, 2014 Ohio App. LEXIS 4323 (2d Dist. October 3, 2014).*<\/p>\n<p>Since the patdown was authorized by reasonable suspicion, the officer could ask the defendant whether he was armed, and defendant admitted he was. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/11\/2014\/2014-ohio-4309.pdf\">State v. Gill<\/a>, 2014-Ohio-4309, 2014 Ohio App. LEXIS 4214 (11th Dist. September 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Consent to enter to look for the defendant was granted by the lady who answered the door who put a finger to her lips, looked to a door, and said \u201cHe\u2019s not here.\u201d The officers reasonably concluded that was apparent &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13570\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,35],"tags":[],"class_list":["post-13570","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13570"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13570\/revisions"}],"predecessor-version":[{"id":13571,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13570\/revisions\/13571"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}