{"id":44552,"date":"2020-07-16T13:01:31","date_gmt":"2020-07-16T18:01:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44552"},"modified":"2020-07-16T13:01:31","modified_gmt":"2020-07-16T18:01:31","slug":"ca6-lack-of-notice-of-right-to-refuse-consent-is-a-factor-on-totality-and-not-determinative","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44552","title":{"rendered":"CA6: Lack of notice of right to refuse consent is a factor on totality and not determinative"},"content":{"rendered":"\n

Defendant wasn\u2019t entitled to notice of his right to refuse consent, and he argues that\u2019s nearly determinative on the totality. It\u2019s not: \u201cSo, Taylor’s argument amounts to a contention that, in evaluating the totality of the circumstances, the district court should have given more weight to these two factors and less comparative weight to other factors. At best, Taylor has a reasonable disagreement about how the factors should have been weighed, which is far from establishing that the district court’s conclusion that he voluntarily consented was clearly erroneous.\u201d United States v. Taylor<\/a>, 2020 U.S. App. LEXIS 21960 (6th Cir. July 14, 2020).*<\/p>\n\n\n\n

The affidavit for search warrant showed sufficient nexus to show probable cause, and the trial court\u2019s conclusion on that and that the good faith exception should not apply are reversed. Defendants\u2019 removal to Mexico did not moot the government\u2019s appeal in case they returned. United States v. Acosta-Barrera<\/a>, 2020 U.S. App. LEXIS 21979 (6th Cir. July 13, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant wasn\u2019t entitled to notice of his right to refuse consent, and he argues that\u2019s nearly determinative on the totality. It\u2019s not: \u201cSo, Taylor’s argument amounts to a contention that, in evaluating the totality of the circumstances, the district court … Continue reading →<\/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":[24,38],"tags":[],"class_list":["post-44552","post","type-post","status-publish","format-standard","hentry","category-consent","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44552","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=44552"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44552\/revisions"}],"predecessor-version":[{"id":44553,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44552\/revisions\/44553"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44552"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44552"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44552"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}