{"id":30325,"date":"2017-11-28T00:00:43","date_gmt":"2017-11-28T05:00:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30325"},"modified":"2017-11-28T10:08:32","modified_gmt":"2017-11-28T15:08:32","slug":"sd-withdrawal-of-consent-doesnt-get-the-incriminating-stuff-back","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30325","title":{"rendered":"SD: Withdrawal of consent doesn&#8217;t get the incriminating stuff back"},"content":{"rendered":"<p>The trial court didn\u2019t err in finding that defendant consented to search of his cell phone and DNA at the hospital after a murder. He was strenuously trying to show the police that he wasn\u2019t involved and was volunteering consent. Three weeks later, he withdrew consent by a letter, but, once the incriminate nature of the evidence has been discovered, the police don\u2019t have to give it back. His girlfriend had apparent authority to consent to seizure of three trash bags from the house. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/280415put5za.pdf\">State v. Hemminger<\/a>, 2017 SD 77, 2017 S.D. LEXIS 158 (Nov. 21, 2017). <\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court didn\u2019t err in finding that defendant consented to search of his cell phone and DNA at the hospital after a murder. He was strenuously trying to show the police that he wasn\u2019t involved and was volunteering consent. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30325\">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],"tags":[],"class_list":["post-30325","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30325","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=30325"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30325\/revisions"}],"predecessor-version":[{"id":30389,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30325\/revisions\/30389"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30325"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30325"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30325"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}