{"id":6718,"date":"2012-07-25T12:48:39","date_gmt":"2012-02-23T08:13:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-23T08:13:44","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6718","title":{"rendered":"CA8: Despite defendant&#8217;s inability to understand much English, he consented to a search"},"content":{"rendered":"<p>District court did not clearly err in concluding that a reasonable person would believe defendant had voluntarily consented to a search of his vehicle when he said &#8220;sure&#8221; in   response to the officer&#8217;s request to search the car, despite giving his name when he was asked his age. Also, the passenger did not have standing to challenge the search. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/12\/02\/112481U.pdf\">United States v. Guzman<\/a>, 2012 U.S. App. LEXIS 3343 (8th Cir. February 21, 2012) (unpublished).*<\/p>\n<p>During defendant\u2019s stop for a traffic offense (with the real motive pursuing a meth trafficking investigation), defendant was really nervous and his answers didn\u2019t make sense and he had no driver\u2019s license. Defendant consented to a search, only challenging the basis for the stop, not the consent. Under the hood, it was apparent the air filter had been recently tampered with, and inside was powder methamphetamine. <a href=\"http:\/\/appellate.nccourts.org\/opinions\/?c=2&amp;pdf=MjAxMi8xMS05NTctMS5wZGY=\">State v. Lopez<\/a>, 2012 N.C. App. LEXIS 284 (February 21, 2012).*<\/p>\n<p>The district court dismissed this \u00a7 1983 claim, inter alia, under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=8197947172835648464&amp;q=Heck&amp;hl=en&amp;as_sdt=1002\">Heck v. Humphrey<\/a> because of a valid state conviction. Plaintiff never really addressed that on appeal, and the judgment is affirmed. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/12a0199n-06.pdf\">Taylor v. Streicher<\/a>, 465 Fed. Appx. 414, 2012 FED App. 0199N (6th Cir. 2012) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6718\">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-6718","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6718","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=6718"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6718\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6718"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}