{"id":61733,"date":"2025-08-19T14:41:57","date_gmt":"2025-08-19T19:41:57","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61733"},"modified":"2025-08-20T09:12:25","modified_gmt":"2025-08-20T14:12:25","slug":"ca8-consent-still-found-although-def-had-to-be-wrestled-to-be-handcuffed-because-of-gun-involved","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61733","title":{"rendered":"CA8: Consent still found although def had to be wrestled to be handcuffed because of gun involved"},"content":{"rendered":"\n<p>Defendant was a Greyhound passenger from LA to KC, and a dog got a whiff of his fanny pack and alerted. He admitted marijuana was in the bag. Then a gun, which led to a struggle when he wouldn&#8217;t keep his hands away from it. Then a search produced fentanyl. The search was still by consent. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/25\/08\/242829P.pdf\">United States v. Rhodes<\/a>, 24-2829 (8th Cir. Aug. 19, 2025)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>Rhodes argues that officers placed him in a coercive environment by wrestling him to the ground, handcuffing him, taking him to a secluded room in the bus station, and soliciting consent without giving him warnings prescribed by Miranda v. Arizona, 384 U.S. 436 (1966). The use of handcuffs and the placement of a suspect under arrest or in custody does not preclude a finding of consent where other circumstances suggest voluntariness. Magallon, 984 F.3d at 1281; United States v. Bearden, 780 F.3d 887, 895 (8th Cir. 2015). Context is also relevant: Rhodes should have understood that he was wrestled to the ground and handcuffed because he refused to surrender a bag that contained a gun, not because he was under pressure to consent. The district court did not clearly err in finding that the indicia of voluntariness outweighed factors that might have weighed against a finding of consent. The district court properly declined to suppress evidence seized as a result of the consensual search.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a Greyhound passenger from LA to KC, and a dog got a whiff of his fanny pack and alerted. He admitted marijuana was in the bag. Then a gun, which led to a struggle when he wouldn&#8217;t keep &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61733\">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],"tags":[],"class_list":["post-61733","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61733","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=61733"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61733\/revisions"}],"predecessor-version":[{"id":61737,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61733\/revisions\/61737"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61733"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61733"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61733"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}