{"id":48040,"date":"2021-04-09T04:47:44","date_gmt":"2021-04-09T09:47:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48040"},"modified":"2021-04-09T04:53:23","modified_gmt":"2021-04-09T09:53:23","slug":"d-c-body-cam-didnt-support-trial-court-finding-of-consent-to-feel-a-bag-it-essentially-happened-as-one-move","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48040","title":{"rendered":"D.C.: Body cam didn’t support trial court finding of consent to feel a bag; it essentially happened as one move as officer asked for consent"},"content":{"rendered":"\n

The record doesn\u2019t support the trial court\u2019s finding of consent to a squeeze of a bag that revealed a gun. The officer was reaching for the bag asking for consent. \u201cThe government played footage from Denton’s body worn camera (\u2018BWC\u2019), which corroborated Denton’s testimony up to that point. In the footage, Denton can be heard asking Hawkins, \u2018you mind if, you mind if I just squeeze that man?\u2019 Under cross-examination, Denton admitted that, in the video, his hands were moving toward the satchel as he asked for consent to squeeze it. Denton agreed that Hawkins did not verbally respond to his request to search the bag, but he said that Hawkins had nodded his head in consent.\u201d The court also discusses the standard of review of findings of consent to a search. Hawkins v. United States<\/a>, 2021 D.C. App. LEXIS 88 (Apr. 8, 2021).<\/p>\n\n\n\n

\u201cNo reasonable jurist could debate the district court’s denial of Patton’s Second Amendment, Fourth Amendment, and subject-matter-jurisdiction claims as barred by the Younger abstention doctrine. Patton has not made a substantial showing that he would be irreparably injured by having to litigate those claims in his state criminal case. See Younger, 401 U.S. at 53.\u201d Patton v. Bonner, 2021 U.S. App. LEXIS 10080 (6th Cir. Apr. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The record doesn\u2019t support the trial court\u2019s finding of consent to a squeeze of a bag that revealed a gun. The officer was reaching for the bag asking for consent. \u201cThe government played footage from Denton’s body worn camera (\u2018BWC\u2019), … 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":[24,126,96],"tags":[],"class_list":["post-48040","post","type-post","status-publish","format-standard","hentry","category-consent","category-issue-preclusion","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48040","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=48040"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48040\/revisions"}],"predecessor-version":[{"id":48044,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48040\/revisions\/48044"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48040"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}