{"id":527,"date":"2007-01-24T12:04:22","date_gmt":"2006-10-28T14:50:16","guid":{"rendered":""},"modified":"2017-09-17T13:42:26","modified_gmt":"2017-09-17T18:42:26","slug":"en-us-149","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=527","title":{"rendered":"Meth head&#8217;s consent was valid since he did not show he was using at the time"},"content":{"rendered":"<p>Consent not invalid just because defendant was a meth head since it was not shown he was high at the time he consented.  United States v. Lopez-Lopez, 2006 U.S. Dist. LEXIS 77726 (W.D. Mo. June 8, 2006):<\/p>\n<blockquote><p>In this case, the totality of the circumstances demonstrate that Defendant&#8217;s consent was voluntarily given. Defendant&#8217;s personal characteristics do not indicate that his consent was involuntary. At the time of consent, Defendant was 51 years old. He consented to the search of his apartment after having been advised of his Miranda rights and after he was told he could refuse consent.<\/p>\n<p>There is conflicting evidence surrounding whether Defendant was under the influence of methamphetamine at the time he gave consent. Defendant testified he was high when taken into custody on September 29, 2005. Detective Howe stated that although he believed Defendant to be a methamphetamine user, Defendant did not give any indication he was actually high at that time.<\/p><\/blockquote>\n<p>Allegation in search warrant application that defendant had threatened to kill the decedent and had &#8220;written it all down&#8221; was sufficient nexus to search his apartment for the writing.  Cavazos v. State, 2006 Tex. App. LEXIS 9332 (Tex. App. \u2013 Dallas October 27, 2006).*<\/p>\n<p>Informant&#8217;s reliability was corroborated by defendant&#8217;s own surreptitiously recorded statements made by the informant.  United States v. Mustapher, 459 F. Supp. 2d 752 (N.D. Ill. October 26, 2006).*<\/p>\n<p>Child porn knock-and-talk led to officers running an &#8220;image scan&#8221; of the computer which produced child porn, so they got consent to seize it. United States v. Renshaw, 2006 U.S. Dist. LEXIS 77743 (S.D. Ohio October 25, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=527\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-527","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/527","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=527"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/527\/revisions"}],"predecessor-version":[{"id":29106,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/527\/revisions\/29106"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=527"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=527"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}