{"id":44657,"date":"2020-07-23T17:34:19","date_gmt":"2020-07-23T22:34:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44657"},"modified":"2020-07-24T09:40:24","modified_gmt":"2020-07-24T14:40:24","slug":"ia-answering-statement-officer-was-coming-in-with-a-question-was-acquiescence","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44657","title":{"rendered":"IA: Answering statement officer was coming in with a question was acquiescence"},"content":{"rendered":"\n<p>The state conceded that hot pursuit didn\u2019t justify their entry and relied on consent. \u201cNor could Boley&#8217;s act of letting the officers in be construed as consent. When the officer said she would be coming in, Boley responded with a question \u2013 \u2018Into the garage?\u2019 \u2013 which a reasonable person could construe as surprise at the request. \u2026  As for her responses of \u2018Okay,\u2019 they were nothing more than acquiescence.\u201d Entry suppressed. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/10206\/embed\/CourtAppealsOpinion\">State v. Boley<\/a>, 2020 Iowa App. LEXIS 691 (July 22, 2020).<\/p>\n\n\n\n<p>Defendant\u2019s request for an expert in human ability to smell marijuana was for a fishing expedition into whether the officer was credible that he could smell it. Therefore, no error to deny. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/10524\/embed\/CourtAppealsOpinion\">State v. Leonard<\/a>, 2020 Iowa App. LEXIS 743 (July 22, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state conceded that hot pursuit didn\u2019t justify their entry and relied on consent. \u201cNor could Boley&#8217;s act of letting the officers in be construed as consent. When the officer said she would be coming in, Boley responded with a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44657\">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":[98,111],"tags":[],"class_list":["post-44657","post","type-post","status-publish","format-standard","hentry","category-constitutionally-protected-area","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44657","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=44657"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44657\/revisions"}],"predecessor-version":[{"id":44658,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44657\/revisions\/44658"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44657"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44657"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44657"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}