{"id":37731,"date":"2019-05-19T06:28:34","date_gmt":"2019-05-19T11:28:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37731"},"modified":"2019-05-19T06:28:34","modified_gmt":"2019-05-19T11:28:34","slug":"ca11-defs-attempt-to-limit-the-scope-of-his-consent-search-shows-voluntariness","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37731","title":{"rendered":"CA11: Def&#8217;s attempt to limit the scope of his consent search shows voluntariness"},"content":{"rendered":"<p>\u201cHere, Knight knew that he had a firearm, ammunition, and drugs that he shouldn&#8217;t have. And his answer\u2014telling the detective that he would consent to a search if she overlooked these items\u2014was unconstrained by the detective&#8217;s question. Indeed, a simple yes or no response would have answered the consent question.\u201d <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201812448.pdf\">United States v. Knight<\/a>, 2019 U.S. App. LEXIS 14510 (11th Cir. May 16, 2019).<\/p>\n<p>\u201cDefendant&#8217;s detailed recitation of his criminal activity and his written consent to search his phone are contrary with a finding of coercive police conduct. Given the totality of the circumstances and law enforcement&#8217;s compliance with the dictates of Miranda in this case, this is not one of the \u2018rare\u2019 cases where a defendant might be able to make a colorable argument that his statements were compelled.\u201d And thus the consent was valid. United States v. Moya, 2019 U.S. Dist. LEXIS 82875 (E.D. Tex. April 16, 2019).*  <\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, Knight knew that he had a firearm, ammunition, and drugs that he shouldn&#8217;t have. And his answer\u2014telling the detective that he would consent to a search if she overlooked these items\u2014was unconstrained by the detective&#8217;s question. Indeed, a simple &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37731\">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-37731","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37731","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=37731"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37731\/revisions"}],"predecessor-version":[{"id":37732,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37731\/revisions\/37732"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37731"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37731"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}