{"id":37223,"date":"2019-04-13T10:46:56","date_gmt":"2019-04-13T15:46:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37223"},"modified":"2019-04-13T10:46:56","modified_gmt":"2019-04-13T15:46:56","slug":"d-me-absent-room-renter-could-consent-to-search-of-motel-room-def-was-alone-in-under-randolph","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37223","title":{"rendered":"D.Me.: Absent room renter could consent to search of motel room def was alone in under <em>Randolph<\/em>"},"content":{"rendered":"<p>Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn\u2019t ineffective assistance of counsel for defense counsel to fail to argue for an extension of Randolph that likely wouldn\u2019t go anywhere. Also, he could have objected and didn\u2019t. Officers did nothing to prohibit it. Rasberry v. United States, 2019 U.S. Dist. LEXIS 62339 (D. Me. Apr. 11, 2019).<\/p>\n<p>After a misdemeanor trial, defendant claimed the police did an illegal plain view resulting in some of the evidence against him. That\u2019s waived. United States v. Pinchotti, 2019 U.S. Dist. LEXIS 61508 (D. Md. Apr. 10, 2019).*<\/p>\n<p>Defendant didn\u2019t sufficiently make a claim of a Franks violation, and there was a basis for finding of probable cause. United States v. Alexandre, 2019 U.S. Dist. LEXIS 61409 (D. Me. Apr. 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn\u2019t ineffective assistance of counsel for defense counsel to fail to argue for an &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37223\">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":[24,21,51],"tags":[],"class_list":["post-37223","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37223","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=37223"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37223\/revisions"}],"predecessor-version":[{"id":37224,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37223\/revisions\/37224"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37223"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37223"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37223"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}