{"id":4391,"date":"2011-01-26T01:17:43","date_gmt":"2010-07-04T05:41:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-03T15:42:59","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4391","title":{"rendered":"CA5: Giving over key showed consent"},"content":{"rendered":"<p>Defendant\u2019s consent to search his motel room was general and unlimited. He gave over the key to the room. Defendant\u2019s approach to consent here was essentially unworkable. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C09\/09-20585.0.wpd.pdf\">United States v. Green<\/a>, 388 Fed. Appx. 375 (5th Cir. 2010) (unpublished)*:<\/p>\n<blockquote><p>By insisting that we consider only his nonspecific acquiescence in Officer Turrentine&#8217;s statement that he would enter the motel room and retrieve Ms. Perkins from it, Green essentially urges us to adopt an artificially surgical approach to delimiting the outer bounds of consent. Such an approach cannot be squared with the reasonableness standard that our precedents have established for analyzing the scope of consent, especially when, as here, Green&#8217;s actions so belie his claims.<\/p><\/blockquote>\n<p>Defendant\u2019s <a href=\"http:\/\/scholar.google.com\/scholar_case?case=6436964399753145533&amp;q=438%2Bu.s.%2B154&amp;hl=en&amp;as_sdt=1002\">Franks<\/a> challenge fails. \u201c[I]it is clear that Detectives Mounts and Friend had reasonable grounds to believe that the statements made in the affidavit were true\u201d about defendant\u2019s involvement in the crime. United States v. Jefferson, 717 F. Supp. 2d 790 (S.D. Ohio 2010).*<\/p>\n<p>Defendant consented to the taking of his blood. He is charged with involuntary manslaughter on an Indian reservation. United States v. Dow, 2010 U.S. Dist. LEXIS 65375 (D. Minn. June 11, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=4391\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4391","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4391","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4391"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4391\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4391"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4391"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4391"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}