{"id":1845,"date":"2008-05-03T09:06:18","date_gmt":"2008-03-03T07:06:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-03T07:06:52","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1845","title":{"rendered":"Silence during request for consent from co-tenant was not an objection under Randolph<\/em>"},"content":{"rendered":"

Defendant’s remaining silent while present and observing co-tenant consent to a police search is hardly an objection under Randolph<\/em><\/a>. Commonwealth v. Ocasio<\/a>, 71 Mass. App. Ct. 304, 882 N.E.2d 341 (2008):<\/p>\n

He argues on appeal that “his refusal of consent [was] obvious from the facts that he knew the police desired to enter the apartment …, but [he] never signified assent to that action.” This approach would extend the holding in Georgia v. Randolph<\/em><\/a> to require active participation by a potential defendant to legitimize the consent granted by a cotenant, an extension directly contradicted by the “fine line,” on one side of which a potential objector “not invited to take part in the threshold colloquy, loses out.” Ibid<\/em>.<\/p><\/blockquote>\n

Plaintiff\u2019s claim he was unnecessarily Tasered was not Heck<\/em><\/a>-barred by his guilty plea to resisting arrest. Neel v. Abrahamson, 2008 U.S. Dist. LEXIS 15350 (D. Or. February 27, 2008).*<\/p>\n

Weaving and crossing both the centerline and the fog line justified defendant’s stop. State v. Page<\/a>, 2008 Tenn. Crim. App. LEXIS 139 (February 13, 2008).*<\/p>\n

Defense counsel was not ineffective for not filing a motion to suppress that defendant learned might have been successful from other inmates in prison because the motion would have been frivolous. Officers had reasonable suspicion by the time they saw the defendant and when he was told to put his hands on the wall, he made a sudden movement toward his pocket, and that was enough for the officer to look in the pocket. Giddens v. State<\/a>, 2008 Tenn. Crim. App. LEXIS 148 (January 29, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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