{"id":22569,"date":"2016-06-14T07:08:22","date_gmt":"2016-06-14T12:08:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22569"},"modified":"2016-06-14T07:08:22","modified_gmt":"2016-06-14T12:08:22","slug":"d-s-d-no-suppression-for-any-alleged-violation-of-vienna-convention-for-dual-u-s-canadian-citizen","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22569","title":{"rendered":"D.S.D.: No suppression for any alleged violation of Vienna Convention for dual U.S.-Canadian citizen"},"content":{"rendered":"<p>Defendant was indicted for selling fellatio from his 17 year old cousin and a 15 year old at the 2014 Sturgis motorcycle rally. There was probable cause for his arrest. Any alleged violation of the Vienna Convention on Consular Rights because of defendant\u2019s dual U.S.-Canadian citizenship doesn\u2019t warrant suppression. United States v. Thymaras, 2016 U.S. Dist. LEXIS 75789 (D.S.D. June 10, 2016).<\/p>\n<p>Defendant\u2019s search of the person and her belongings on a Greyhound bus in Albuquerque by a drug interdiction team was by consent. \u201cIn sum, the Court concludes that Defendant&#8217;s conduct in nodding, stepping into the aisle, and raising her arms constituted an unequivocal show of assent to a pat-down search. Considering the totality of the circumstances, the Court additionally determines that Defendant&#8217;s consent was freely and intelligently given without implied or express duress or coercion.\u201d United States v. Valdez-Perea, 2012 U.S. Dist. LEXIS 191455 (D.N.M. May 21, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was indicted for selling fellatio from his 17 year old cousin and a 15 year old at the 2014 Sturgis motorcycle rally. There was probable cause for his arrest. Any alleged violation of the Vienna Convention on Consular Rights &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22569\">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":[50,24],"tags":[],"class_list":["post-22569","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22569","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=22569"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22569\/revisions"}],"predecessor-version":[{"id":22570,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22569\/revisions\/22570"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}