{"id":18347,"date":"2015-08-08T09:32:39","date_gmt":"2015-08-08T14:32:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18347"},"modified":"2015-08-08T09:32:39","modified_gmt":"2015-08-08T14:32:39","slug":"n-d-ga-just-because-one-feels-he-has-no-choice-but-to-consent-that-doesnt-mean-its-involuntary","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18347","title":{"rendered":"N.D.Ga.: Just because one feels he has no choice but to consent, that doesn&#8217;t mean it&#8217;s involuntary"},"content":{"rendered":"<p>\u201cEven if Sharp did feel that he had no choice but to consent, under the totality of the circumstances it is clear that he knowingly and voluntarily consented to the search of his laptop and online accounts, and that his consent was therefore \u2018the product of an essentially free and unconstrained choice.\u2019 Garcia, 890 F.2d at 360. During their time in the apartment, the agents explicitly told Sharp that whether or not he talked to them was \u2018voluntary,\u2019 and never said that he had to stay.\u201d United States v. Sharp, 2015 U.S. Dist. LEXIS 101342 (N.D.Ga. August 4, 2015), R&#038;R 2015 U.S. Dist. LEXIS 102406 (N.D. Ga. June 12, 2015).<\/p>\n<p>There was probable cause for defendant\u2019s arrest for bank robbery. Although there was no clear picture of his face, his clothing matched the robber, and he was seen running away from the robbery, and he was found hiding in a storage building behind a house where the owner didn\u2019t know him. United States v. Bell, 2015 U.S. Dist. LEXIS 102593 (D.Nev. August 5, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cEven if Sharp did feel that he had no choice but to consent, under the totality of the circumstances it is clear that he knowingly and voluntarily consented to the search of his laptop and online accounts, and that his &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18347\">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":[24,20],"tags":[],"class_list":["post-18347","post","type-post","status-publish","format-standard","hentry","category-consent","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18347","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=18347"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18347\/revisions"}],"predecessor-version":[{"id":18348,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18347\/revisions\/18348"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}