The consent search in this case was nine years before the suppression hearing. The officer\u2019s willingness to admit that which he could not remember made him more credible, and it was expected he couldn\u2019t remember all of it because it was so long ago. United States v. Mendez-Canales, 2016 U.S. Dist. LEXIS 137055 (M.D.Ga. Sept. 12, 2016),* adopted, 2016 U.S. Dist. LEXIS 136699 (N.D. Ga. Oct. 3, 2016).*<\/p>\n
Considering all the factors, the government proved defendant\u2019s consent was voluntary. Defendant\u2019s arrest was based on probable cause. United States v. Burcham, 2016 U.S. Dist. LEXIS 136375 (M.D.La. Sept. 30, 2016).*<\/p>\n
The search of defendant\u2019s person as a precautionary measure was reasonable considering he\u2019d admitted he possessed hydrocodone. That led to a valid search of his car. United States v. Kerns, 2016 U.S. Dist. LEXIS 135584 (S.D.W.Va. Sept. 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The consent search in this case was nine years before the suppression hearing. The officer\u2019s willingness to admit that which he could not remember made him more credible, and it was expected he couldn\u2019t remember all of it because it … Continue reading