{"id":7295,"date":"2012-08-23T08:49:40","date_gmt":"2012-06-15T08:44:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-15T08:44:35","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7295","title":{"rendered":"IN: Retaining defendant&#8217;s drivers license meant he wasn&#8217;t free to leave"},"content":{"rendered":"<p>Retaining defendant\u2019s drivers license while asking pointed questions about potentially illegal conduct was a seizure because the defendant would not feel free to go. <a href=\"http:\/\/hats2.courts.state.in.us\/ISC3RUS\/ISC2detail.jsp?row=258\">State v. Scott<\/a>, 966 N.E.2d 85 (Ind. App. March 1, 2012), ordered published March 16, 2012.<\/p>\n<p>Defendants failed to make a substantial preliminary showing of material falsity to get a Franks hearing. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).*<\/p>\n<p>The district court concluded that defendant\u2019s rationale for consenting was that he hoped that the police wouldn\u2019t find what they were looking for, but they did. That was a reasonable interpretation of the facts supported by the evidence. \u201cThat was a rational gamble, but one that Welch lost. Welch&#8217;s consent was not coerced, just constrained, by having to place his bet on one of two poor alternatives. Maybe if he let them in, the police would want to get the search done quickly and fail to find his contraband. Or maybe if he put them to the trouble of getting a search warrant, they would search more thoroughly because he had inconvenienced them.\u201d <a href=\"http:\/\/www.ca11.uscourts.gov\/opinions\/ops\/201014649.pdf\">United States v. Welch<\/a>, 683 F.3d 1304 (11th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7295\">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-7295","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7295","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=7295"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7295\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}