{"id":56280,"date":"2023-11-08T16:40:44","date_gmt":"2023-11-08T21:40:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56280"},"modified":"2023-11-08T16:40:44","modified_gmt":"2023-11-08T21:40:44","slug":"cal-3d-falsely-telling-def-that-officers-wouldnt-tow-his-car-if-he-consented-to-a-search-made-the-consent-involuntary","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56280","title":{"rendered":"Cal.3d:  Falsely telling def that officers wouldn\u2019t tow his car if he consented to a search made the consent involuntary"},"content":{"rendered":"\n<p>Falsely telling defendant that officers wouldn\u2019t tow his car if he consented to a search made the consent involuntary. Here, the officer\u2019s statement as to the law was false. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/C098102.PDF\">Boitez v. Superior Court<\/a>, 2023 Cal. App. LEXIS 859 (3d Dist. Nov. 7, 2023).<\/p>\n\n\n\n<p>\u201c[A] review of the record confirms the post-conviction court&#8217;s finding that counsel thoroughly litigated the motion to suppress, attacked the probable cause of the warrants, challenged law enforcement&#8217;s execution of the warrants, and argued that the warrants were overbroad. Thus, the district court properly concluded that Bowman was not entitled to relief on Claim 2.\u201d Obviously no IAC and thus CoA. Bowman v. Sec&#8217;y, Dep&#8217;t of Corr., 2023 U.S. App. LEXIS 29658 (11th Cir. Nov. 6, 2023).*<\/p>\n\n\n\n<p>The fact defendant\u2019s cell phone had been seized but not searched before the search warrant application was made isn\u2019t material to the probable cause showing for the warrant. United States v. Jackson, 2023 U.S. Dist. LEXIS 199739 (D. Vt. Nov. 7, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Falsely telling defendant that officers wouldn\u2019t tow his car if he consented to a search made the consent involuntary. Here, the officer\u2019s statement as to the law was false. Boitez v. Superior Court, 2023 Cal. App. LEXIS 859 (3d Dist. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56280\">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":[24,23,20,28],"tags":[],"class_list":["post-56280","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance","category-probable-cause","category-voluntariness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56280","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=56280"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56280\/revisions"}],"predecessor-version":[{"id":56281,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56280\/revisions\/56281"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56280"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56280"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56280"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}