{"id":5565,"date":"2011-12-28T12:52:56","date_gmt":"2011-05-19T07:39:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-19T07:39:20","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5565","title":{"rendered":"CA1: Pointing when asked where a gun was is implied consent here"},"content":{"rendered":"<p>Officers responded to a call about an \u201cunwelcome woman\u201d in a house. Police entered and they were directed to a bedroom, and they were told she had a gun in the room. Officers knocked on the door and she said \u201ccome in.\u201d They asked about a gun, and she said she had one and pointed toward the headboard. That was considered implied consent for a search of the headboard. The officers found out she had been involuntarily committed, so she was a prohibited person, and she was arrested. <a href=\"http:\/\/www.ca1.uscourts.gov\/pdf.opinions\/09-2504P-01A.pdf\">United States v. Reynolds<\/a>, 646 F.3d 63 (1st Cir. 2011).<\/p>\n<p>Giving the district court\u2019s finding the credit it is due, there is evidence to support the finding of consent that is not clearly erroneous. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/105159.U.pdf\">United States v. Boyd<\/a>, 429 Fed. Appx. 233 (4th Cir. 2011).*<\/p>\n<p>Two trash pulls from defendant with the last the day before the search warrant was sought was hardly stale information. United States v. Kruse, 2011 U.S. Dist. LEXIS 52488 (N.D. Iowa May 16, 2011).*<\/p>\n<p>There was probable cause for plaintiff\u2019s arrest, so his \u00a7 1983 case fails. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C10\/10-50586.0.wpd.pdf\">McLennan v. Burke<\/a>, 425 Fed. Appx. 377 (5th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5565\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5565","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5565","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5565"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5565\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5565"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5565"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}