{"id":14073,"date":"2014-11-09T00:02:16","date_gmt":"2014-11-09T05:02:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14073"},"modified":"2014-11-08T16:04:06","modified_gmt":"2014-11-08T21:04:06","slug":"d-kan-dash-cam-video-showed-consent-was-voluntary","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14073","title":{"rendered":"D.Kan.: Dash cam video showed consent was voluntary"},"content":{"rendered":"

\u201cThe video also shows that Trooper Nicholas employed no coercive tactics during the encounter. He was the only officer on the scene and was at all times pleasant and respectful. He did not threaten or deceive the travelers. He never brandished his weapon or made any other show of force. And although the trooper leaned toward the car window during the traffic stop, he did so only to hear the travelers above the noise of interstate traffic. Under these circumstances, the Court concludes that the Government has met its burden to show that the encounter between Trooper Nicholas and the travelers was consensual and that Defendant’s consent to search was freely and voluntarily given.\u201d United States v. Sanchez-Cruz<\/a>, 2014 U.S. Dist. LEXIS 156202 (D. Kan. November 5, 2014).*<\/p>\n

The smell of marijuana coming from a car validly stopped justified a search of the car. Drugs weren\u2019t found, but a gun was, and defendant was a convicted felon. United States v. Hayes, 2014 U.S. Dist. LEXIS 156205 (N.D. Ind. November 5, 2014).*<\/p>\n

Defendant was attempting to pass a semi truck on I-90, apparently saw the officer in the other lane, and backed off and pulled in behind the truck. The officer thought that was curious and made a U-turn. Following defendant, he got off at the next exit which said \u201cno services,\u201d and he drove down the road and then a gravel road and pulled in a driveway of an apparent unoccupied farm house. The officer followed and pulled in too but didn\u2019t block him. The conversation with defendant led to reasonable suspicion criminal activity was afoot, and defendant\u2019s consent thereafter was voluntary. United States v. Medina, 2014 U.S. Dist. LEXIS 156020 (D. Mont. November 4, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe video also shows that Trooper Nicholas employed no coercive tactics during the encounter. He was the only officer on the scene and was at all times pleasant and respectful. He did not threaten or deceive the travelers. He never … Continue reading →<\/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":[24,20,35],"tags":[],"class_list":["post-14073","post","type-post","status-publish","format-standard","hentry","category-consent","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14073","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=14073"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14073\/revisions"}],"predecessor-version":[{"id":14074,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14073\/revisions\/14074"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}