{"id":55427,"date":"2023-07-23T16:59:11","date_gmt":"2023-07-23T21:59:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55427"},"modified":"2023-07-23T16:59:11","modified_gmt":"2023-07-23T21:59:11","slug":"vt-14-year-old-sex-assault-victim-had-sufficient-common-authority-to-consent-to-search-of-premises-for-evidence-of-that-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55427","title":{"rendered":"VT: 14-year-old sex assault victim had sufficient common authority to consent to search of premises for evidence of that crime"},"content":{"rendered":"\n<p>Defendant was accused of sexual assault of his 14-year-old daughter, he was arrested, and released on conditions, one of which was a no contact order to say away from the house. The 14-year-old had enough common authority to consent to a search of the house for evidence of the crime against her where a condom wrapper and DNA from semen was recovered. State v. Boyer, 2023 VT 40, 2023 Vt. LEXIS 40 (July 21, 2023).<\/p>\n\n\n\n<p>An LPN check showed that the DL of the owner was suspended. \u201cBecause there is nothing in the record to indicate that the driver of the vehicle was someone other than Trout, the registered owner, we conclude that the stop was permissible.\u201d State v. Saul, 2023-Ohio-2510, 2023 Ohio App. LEXIS 2489 (2d Dist. July 21, 2023).*<\/p>\n\n\n\n<p>\u201cNext, Felder&#8217;s Fourth Amendment claim\u2014that his cellphone was unlawfully seized and searched\u2014is procedurally defaulted, not cognizable under Section 2255, and in any event, meritless.\u201d It wasn\u2019t ligated before, and it wouldn\u2019t have won. Felder v. United States, 2023 U.S. Dist. LEXIS 126272 (July 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was accused of sexual assault of his 14-year-old daughter, he was arrested, and released on conditions, one of which was a no contact order to say away from the house. The 14-year-old had enough common authority to consent to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55427\">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":[30,24,35,129],"tags":[],"class_list":["post-55427","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55427","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=55427"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55427\/revisions"}],"predecessor-version":[{"id":55428,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55427\/revisions\/55428"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55427"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55427"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}