Defendant repeatedly asked for a search warrant when the officers sought consent, so there was no consent. He was present and objecting, and they couldn\u2019t look to another to provide consent. \u201cConsidering the agents’ repeated representations, the Court cannot expect a lay person such as defendant or Mrs. Laboy to eloquently challenge the agents’ assertions on legal requirements or standards. Defendant, in this Court’s view, did enough to object when he repeated his request for a search warrant even after the agents manifested their understanding that they could bypass his request with Ms. Laboy’s consent. Defendant did not remain silent in an acquiescence state, instead he voiced his request for a search warrant over and over after the agents’, unilaterally decided Ms. Laboy’s consent would suffice.\u201d United States v. Bernardy-Laboy, 2021 U.S. Dist. LEXIS 65006 (D.P.R. Mar. 31, 2021).<\/p>\n\n\n\n
The omissions from the affidavit in support of the warrant don\u2019t rise to the level needed to show that the warrant wouldn\u2019t have issued if they were included. United States v. Campbell<\/a>, 2021 U.S. App. LEXIS 9666 (4th Cir. Apr. 2, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" Defendant repeatedly asked for a search warrant when the officers sought consent, so there was no consent. He was present and objecting, and they couldn\u2019t look to another to provide consent. \u201cConsidering the agents’ repeated representations, the Court cannot expect … Continue reading