{"id":4576,"date":"2011-02-01T07:42:28","date_gmt":"2010-08-23T00:02:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-22T09:12:40","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4576","title":{"rendered":"CA4: Knowledge of right to refuse search helps show consent"},"content":{"rendered":"<p>Consent was found voluntary because defendant was arrested by plain clothes officers who did not pull any weapons, he knew some of them, he was cooperative, and he was told of his right to refuse. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/095198.U.pdf\">United States v. Alexander<\/a>, 391 Fed. Appx. 274 (4th Cir. 2010), cert. denied 2011 U.S. LEXIS 98 (U.S., Jan. 10, 2011).*<\/p>\n<p>The officer did not unreasonably prolong the stop. Defendant consented to a search of his person producing $3,000 in cash and he was nervous. That was reasonable suspicion for calling in a drug dog. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/094858.U.pdf\">United States v. Whitney<\/a>, 391 Fed. Appx. 277 (4th Cir. 2010).*<\/p>\n<p>Based on multiple intercepted telephone calls, the officers had probable cause to search defendant\u2019s vehicle when he was found. <a href=\"http:\/\/www.ca1.uscourts.gov\/pdf.opinions\/08-2175P-01A.pdf\">United States v. Verdugo<\/a>, 617 F.3d 565 (1st Cir. 2010).*<\/p>\n<p>The smell of marijuana, which the court credits, was not only reasonable suspicion, it is probable cause. United States v. Ortega, 2010 U.S. Dist. LEXIS 85154 (E.D. Pa. July 22, 2010).*<\/p>\n<p>The officer here developed information from a CI which was corroborated and rose to the level of probable cause. The officer called in the defendant\u2019s probation officer for the search. United States v. Lish,  2010 U.S. Dist. LEXIS 85138 (D. Idaho August 12, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=4576\">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-4576","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4576","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=4576"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4576\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4576"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4576"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4576"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}