A third party consented to the search both verbally and non-verbally by gesturing the police to enter. United States v. Lee, 835 F. Supp. 2d 657 (N.D. Ind. 2011):<\/p>\n
What’s more, Saffa also gave non-verbal consent for the agents to come into the house. Consent to enter can be non-verbal. U.S. v. Villegas<\/a>, 388 F.3d 317, 324-25 (7th Cir. 2004); U.S. v. Cotnam<\/a>, 88 F.3d 487, 495 (7th Cir. 1996). In other words, a person\u2019s actions alone can manifest his or her consent to a search. U.S. v. Walls<\/a>, 225 F.3d 858, 863-64 (7th Cir. 2000); U.S. v. Rosario<\/a>, 962 F.2d 733, 735, 737 (7th Cir. 1992). Recall that after Saffa opened the door, the agents asked if Krystal Lee was there, and independent of her words, Saffa non-verbally communicated to the agents that Krystal was in the house, and that they could enter it. She did this by opening the door wider, stepping back, and gesturing into the house. Opening a door, stepping back to permit agents to enter the home, and gesturing to come in convey consent to enter. Lewis, 608 F.3d at 999; Walls, 225 F.3d at 862-63; Rosario, 962 F.2d at 737. In this case, it is clear from the testimony of the officers \u2014 and from Saffa herself \u2014 that her actions constituted non-verbal consent to enter the house to find Krystal.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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