{"id":6510,"date":"2012-05-28T20:54:57","date_gmt":"2012-01-07T12:48:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-07T12:48:46","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6510","title":{"rendered":"CA8: Most important factor in consent is advice of right to refuse"},"content":{"rendered":"<p>Defendant\u2019s consent was valid. Most importantly, he was advised of his right to refuse consent before he signed the consent form. He was detained five hours, but that alone is not determinative. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/11\/12\/112019U.pdf\">United States v. Rakotojoelinandrasana<\/a>, 450 Fed. Appx. 549 (8th Cir. 2011):<\/p>\n<blockquote><p>The district court here analyzed all the circumstances. Most important, Rakotojoelinandrasana signed a consent form that stated he had a right to refuse. See <a href=\"http:\/\/scholar.google.com\/scholar_case?case=8277305858026199484&amp;q=105+F.3d+1235&amp;hl=en&amp;as_sdt=2,4\">United States v. Czeck<\/a>, 105 F.3d 1235, 1239 (8th Cir. 1997) (consent was voluntary based on age, sobriety, and criminal-justice experience, but the signed form was the most important factor). <\/p><\/blockquote>\n<p>On a shots fired call, officers nearby stopped the only vehicle leaving the dead end street that had only one house. They had reasonable suspicion. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/102035np.pdf\">United States v. Thomas<\/a>, 456 Fed. Appx. 156 (3d Cir. 2012) (unpublished).*<\/p>\n<p>Despite the lack of video, the stop was with reasonable suspicion and the odor of marijuana, confirmed by other officers [and we know how crebible that is once it\u2019s been found] was cause to search the vehicle. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/11\/11-7042.pdf\">United States v. Bates<\/a>, 453 Fed. Appx. 839 (10th Cir. 2012) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6510\">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-6510","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6510","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=6510"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6510\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}