{"id":42052,"date":"2020-01-27T21:07:37","date_gmt":"2020-01-28T02:07:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42052"},"modified":"2020-01-27T21:07:37","modified_gmt":"2020-01-28T02:07:37","slug":"techdirt-supreme-court-asked-to-tell-cops-that-consenting-to-a-search-is-not-consenting-to-having-your-home-destroyed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42052","title":{"rendered":"techdirt: Supreme Court Asked To Tell Cops That Consenting To A Search Is Not Consenting To Having Your Home Destroyed"},"content":{"rendered":"

techdirt: Supreme Court Asked To Tell Cops That Consenting To A Search Is Not Consenting To Having Your Home Destroyed<\/a> by Tim Cushing:
\n<\/p>\n

Five years ago, an Idaho police department destroyed a woman’s house to end a standoff with her dog. The Caldwell PD — after having been given permission (along with a house key) to enter the home to see if a suspect was in the home — decided this meant the Shaniz West had given them permission to fire grenade after tear gas grenade into the house before sending in the SWAT team to confront the family dog.<\/p>\n

. . .<\/p>\n

There was no suspect to flush out. The person they were seeking had vacated the residence before officers stopped Shaniz West and threatened her with arrest if she didn’t “consent” to a search of her house. What West actually consented to was far different than what the officers ended up doing, as the dissent pointed out.<\/p>\n

The majority adopts an entirely implausible contrary reading of West\u2019s consent, one a \u201ctypical reasonable person [would not] have understood by the exchange between the officer and the suspect.\u201d Jimeno, 500 U.S. at 251. Because West \u201cnever expressed a limitation as to time, place within the house, or manner of entry,\u201d the majority concludes that her consent that officers could \u201cget inside\u201d permitted a violent initial attack on her house with toxic objects. Maj. Op. at 13. In so concluding, the majority supposes that someone who permits law enforcement officers to \u201cget inside [her] house\u201d while handing over a key consents to the officers not entering the house but instead lobbing dangerous objects, such as tear gas canisters\u2014or stones or bombs, for other examples\u2014into the house from the outside. It further presupposes that, in providing consent to entry, a resident must preemptively forbid actions no one would guess are contemplated by the commonsense understanding of the articulated consent. That is not the law.<\/p><\/blockquote>\n

What this court finds reasonable for officers (destroying a house) does not align with what any “reasonable” non-cop would willingly permit when consenting to a search of their residence. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

techdirt: Supreme Court Asked To Tell Cops That Consenting To A Search Is Not Consenting To Having Your Home Destroyed by Tim Cushing:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63,16],"tags":[],"class_list":["post-42052","post","type-post","status-publish","format-standard","hentry","category-reasonableness","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42052","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=42052"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42052\/revisions"}],"predecessor-version":[{"id":42053,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42052\/revisions\/42053"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42052"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}