{"id":53032,"date":"2022-08-22T04:24:01","date_gmt":"2022-08-22T09:24:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53032"},"modified":"2022-08-22T04:24:01","modified_gmt":"2022-08-22T09:24:01","slug":"ca9-stepping-back-and-allowing-officers-to-enter-is-consent-to-enter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53032","title":{"rendered":"CA9: Stepping back and allowing officers to enter is consent to enter"},"content":{"rendered":"\n<p>\u201cGiven Lege&#8217;s affirmative consent and the fact that he stepped back and appeared to welcome Oster into his apartment, a reasonable officer would have concluded that he had consent to enter the apartment, \u2026, and the district court properly concluded that no reasonable juror would find to the contrary.\u201d <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2022\/08\/18\/22-35029.pdf\">Lege v. City of Ketchikan<\/a>, 2022 U.S. App. LEXIS 23078 (9th Cir. Aug. 18, 2022).<\/p>\n\n\n\n<p>The GPS tracking warrant was supported by probable cause, and the Franks challenge failed. United States v. Edwards, 2022 U.S. Dist. LEXIS 148181 (D. Minn. June 21, 2022).*<\/p>\n\n\n\n<p>Defendant was reasonably subjected to an investigative detention, not a felony stop with weapons drawn. United States v. Curiel-Rodriguez, 2022 U.S. Dist. LEXIS 148272 (D. Colo. Aug. 18, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cGiven Lege&#8217;s affirmative consent and the fact that he stepped back and appeared to welcome Oster into his apartment, a reasonable officer would have concluded that he had consent to enter the apartment, \u2026, and the district court properly concluded &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53032\">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":[24,17,35],"tags":[],"class_list":["post-53032","post","type-post","status-publish","format-standard","hentry","category-consent","category-gps-tracking-data","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53032","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=53032"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53032\/revisions"}],"predecessor-version":[{"id":53033,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53032\/revisions\/53033"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53032"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53032"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53032"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}