{"id":7645,"date":"2013-02-23T11:47:15","date_gmt":"2012-08-29T10:13:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-29T10:13:00","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7645","title":{"rendered":"CA5: Handing back DL and papers and asking for and getting consent not unreasonable; “causal chain” broken"},"content":{"rendered":"

Defendant was told he was free to leave and his papers were handed back to him. Ten seconds later he was asked for consent, and that consent broke any causal chain of what could have been an illegal detention. United States v. Ansourian<\/a>, 487 Fed. Appx. 155 (5th Cir. 2012):<\/p>\n

The second factor of intervening circumstances indicates the consent was an independent act of free will. Prior to asking for consent, Officer Averette communicated to Ansourian that “You’re free to go.” At this point, Officer Averette also returned Ansourian’s license and registration. We have previously identified both of these facts as intervening circumstances. See Jenson, 462 F.3d at 407 (holding that the second factor cut against the government because “there is no evidence that (a) [the defendant] knew he was free to leave or (b) that his license had been returned to him, both of which might be viewed as intervening circumstances”). The knowledge that one is free to leave, accompanied by the return of the license and registration, cuts the causal chain between the unconstitutional detention and the consent. …\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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