{"id":13912,"date":"2014-10-27T19:40:15","date_gmt":"2014-10-28T00:40:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13912"},"modified":"2014-10-27T17:41:39","modified_gmt":"2014-10-27T22:41:39","slug":"w-d-la-home-visits-means-searches-but-defendant-consented-anyway","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13912","title":{"rendered":"W.D.La.: &#8220;Home visits&#8221; means searches, but defendant consented anyway"},"content":{"rendered":"<p>While the term of probation said \u201chome visits,\u201d the PO testified that she told all her charges that \u201cvisits\u201d meant searches, so defendant was well aware. Aside from the probation search, defendant was specifically asked for consent, and he gave it. United States v. Samuels, 2014 U.S. Dist. LEXIS 151289 (W.D. La. September 15, 2014).*<\/p>\n<p>Defendant was not in custody in his interview with the police during execution of a search warrant. They told him it was to be voluntary and that no one would be arrested that day. They also told him if he wanted a lawyer, it wouldn\u2019t happen. They also went to another room at defendant\u2019s suggestion for it to be more private. United States v. Veit, 2014 U.S. Dist. LEXIS 151131 (W.D. Mo. September 25, 2014).*<\/p>\n<p>Plaintiff\u2019s claim that her cell phone had been cloned and the police were listening was speculative and unsupported by any facts. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/14a0799n-06.pdf\">Leech v. Mayer<\/a>, 2014 U.S. App. LEXIS 20525, 2014 FED App. 0799N (6th Cir. October 22, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While the term of probation said \u201chome visits,\u201d the PO testified that she told all her charges that \u201cvisits\u201d meant searches, so defendant was well aware. Aside from the probation search, defendant was specifically asked for consent, and he gave &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13912\">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":[5,24,58],"tags":[],"class_list":["post-13912","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13912","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=13912"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13912\/revisions"}],"predecessor-version":[{"id":13913,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13912\/revisions\/13913"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13912"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}