{"id":15646,"date":"2015-01-29T07:19:24","date_gmt":"2015-01-29T12:19:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15646"},"modified":"2015-01-29T07:19:24","modified_gmt":"2015-01-29T12:19:24","slug":"ca7-ptfs-adequately-pled-that-officers-searched-house-without-consent-from-14-year-old","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15646","title":{"rendered":"CA7: Ptfs adequately pled that officers searched house without consent from 14 year old"},"content":{"rendered":"<p>At the pleading stage, plaintiffs adequately pled that officers told a 14 girl that they had to search the house, she ran upstairs with her brother, and the officers did so without a warrant. There is no consent on the face of the complaint. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2015\/D01-27\/C:12-3790:J:Rovner:aut:T:fnOp:N:1491402:S:0\">Vinson v. Vermilion County<\/a>, 2015 U.S. App. LEXIS 1292 (7th Cir. January 27, 2015).<\/p>\n<p>There was an agreement to copy defendant\u2019s cell phone without searching it, but it was searched. The district court denied the motion to suppress without a hearing. In the officer\u2019s trial testimony, the differences were shown, and the court of appeals remands for a suppression hearing. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2015\/01\/27\/12-10441.pdf\">United States v. Aguilera<\/a>,  2015 U.S. App. LEXIS 1278 (9th Cir. January 27, 2015).*<\/p>\n<p>The defendant\u2019s wife had apparent authority to consent to a search of their detached garage that he supposedly always kept the keys to. On the credibility determination, the court finds that he did not exclude the family except by his express permission. United States v. Mojica, 2015 U.S. Dist. LEXIS 8923 (N.D. Ill. January 26, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>At the pleading stage, plaintiffs adequately pled that officers told a 14 girl that they had to search the house, she ran upstairs with her brother, and the officers did so without a warrant. There is no consent on the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=15646\">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":[30,5,24,59],"tags":[],"class_list":["post-15646","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-cell-phones","category-consent","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15646","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=15646"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15646\/revisions"}],"predecessor-version":[{"id":15647,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15646\/revisions\/15647"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15646"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}