{"id":14617,"date":"2014-12-08T09:20:42","date_gmt":"2014-12-08T14:20:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14617"},"modified":"2014-12-08T09:20:42","modified_gmt":"2014-12-08T14:20:42","slug":"ca4-raising-hands-when-asked-if-armed-and-saying-no-can-be-implied-consent-to-patdown","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14617","title":{"rendered":"CA4: Raising hands when asked if armed and saying &#8220;no&#8221; can be implied consent to patdown"},"content":{"rendered":"<p>Defendant impliedly consented to a patdown. When he was asked if he was armed, he raised his arms and said no. The officer understood that to be an invitation. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/134365.U.pdf\">United States v. Cohen<\/a>, 2014 U.S. App. LEXIS 22934 (4th Cir. December 5, 2014).<\/p>\n<p>The finding of consent to enter defendant\u2019s house was not clearly erroneous. The contention that the officers did not produce the arrest warrant that was allegedly outstanding wasn\u2019t really an issue, defendant citing a case involving search warrants, not arrest warrants. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=81433\">State v. Guinn<\/a>, 2014 Mo. App. LEXIS 1351 (December 4, 2014).*<\/p>\n<p>A citizen informant called the police about a hit and run with a railing outside a store, and that justified the stop of defendant\u2019s car when they saw the dent. She was apparently under the influence when stopped, and that justified a FST. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2014\/2014-ohio-5340.pdf\">Village of Chagrin Falls v. Calabrese<\/a>, 2014-Ohio-5340, 2014 Ohio App. LEXIS 5169 (8th Dist. December 4, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant impliedly consented to a patdown. When he was asked if he was armed, he raised his arms and said no. The officer understood that to be an invitation. United States v. Cohen, 2014 U.S. App. LEXIS 22934 (4th Cir. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14617\">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-14617","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\/14617","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=14617"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14617\/revisions"}],"predecessor-version":[{"id":14618,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14617\/revisions\/14618"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14617"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14617"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14617"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}