{"id":27648,"date":"2017-06-16T06:58:44","date_gmt":"2017-06-16T11:58:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27648"},"modified":"2017-06-16T06:58:44","modified_gmt":"2017-06-16T11:58:44","slug":"ca9-entry-by-defs-bondsman-was-by-contractual-consent-gun-not-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27648","title":{"rendered":"CA9: Entry by def&#8217;s bondsman was by contractual consent; gun not suppressed"},"content":{"rendered":"<p>Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2017\/06\/13\/15-30369.pdf\">United States v. Burrow<\/a>, 2017 U.S. App. LEXIS 10502 (9th Cir. June 13, 2017):<br \/>\n<!--more--><\/p>\n<blockquote><p>Citing to Bumper v. North Carolina, 391 U.S. 543, 88 S. Ct. 1788, 20 L. Ed. 2d 797 (1968), Burrow contends that his consent to Ratigan&#8217;s entry and search was tainted by coercion because Burrow was merely acquiescing to Ratigan&#8217;s claim of right as a bondsman. But Burrow freely consented to contractual terms giving Ratigan a claim of right to enter and search his home when he signed the bail bond contract. That Ratigan later enforced this right does not mean that Burrow&#8217;s consent was coerced or involuntary. Bumper therefore does not require reversal, and the District Court&#8217;s determination that Burrow consented to Ratigan&#8217;s search was not clearly erroneous.\n<\/p><\/blockquote>\n<p>A better rationale is just that this is a private search, but the court didn\u2019t go there because lack of consent was the issue.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. United States &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27648\">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":[24,43],"tags":[],"class_list":["post-27648","post","type-post","status-publish","format-standard","hentry","category-consent","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27648","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=27648"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27648\/revisions"}],"predecessor-version":[{"id":27649,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27648\/revisions\/27649"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}