Defendant refused to consent to a search of his car, but, on the video, he did consent to a dog sniff when separately asked about that. He argued that his consent was just going along with the officer, but the court finds from the video that defendant\u2019s voice inflection was true consent. The first question was less than \u201cideal\u201d but the officer followed up with further questions that were unequivocal. United States v. Grant, 2011 U.S. Dist. LEXIS 116699 (D. Neb. October 5, 2011)*:<\/p>\n
… Upon review of the traffic stop video, the court can hear the inflection in Grant’s voice when he responded with an unequivocal “sure,” affirming his consent to allow Sergeant Wilcynski to call a canine officer. In addition to this verbal consent, Grant was an adult who understood English, was not under the influence of drugs, and had prior arrest experience. The encounter had lasted only a few minutes up to that point. Sergeant Wilcynski made no threats, promises, or misrepresentations, and Grant was not under arrest. Grant later engaged Sergeant Wilcynski in cordial conversation while they waited for the canine officer and even expressed his ease with waiting while a storm passed over his intended route. Under these circumstances, the court finds Grant voluntarily consented to the twenty-two minute post-stop encounter. For this reason, the court finds the detention and search were constitutionally reasonable.<\/p><\/blockquote>\n
Defendants were indicted for seditious conspiracy in a militia group known as the Hutaree planning action against the government that would include setting up an ambush of police officers. The government infiltrated the group by informant and passed a wealth of information that formed the basis of seven search warrants which were found to have issued with probable cause. United States v. Stone, 2011 U.S. Dist. LEXIS 116800 (E.D. Mich. August 3, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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