{"id":7921,"date":"2013-02-10T09:52:40","date_gmt":"2012-11-04T08:40:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-04T08:40:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7921","title":{"rendered":"TX8: Defendant’s refusal to consent to a search of his house while consenting to a search of his business showed voluntariness"},"content":{"rendered":"

Defendant was found to have voluntarily consented to a search of his business. Officers said that they did not have a search warrant, and he said \u201cgo ahead.\u201d He refused consent to search his house, and that showed voluntariness. Uriel-Ramirez v. State<\/a>, 385 S.W.3d 687 (Tex. App. \u2013 El Paso 2012).<\/p>\n

Defendant was the subject of an encounter at the Baton Rogue Greyhound station over whether he was a U.S. citizen. The court finds the encounter was consensual because it was administrative and not criminal. It took a while, but it was determined that defendant\u2019s British identity was likely false and, by his own admission, he\u2019d overstayed the 90 day visa by several years. United States v. Doe, 2012 U.S. Dist. LEXIS 156186 (W.D. La. October 1, 2012).*<\/p>\n

Defendant was found to have consented to a search of his two cell phones at the Niagara Falls border crossing after he had been handcuffed and detained at the border and MDMA had been found in the car. The court [wisely] declines to decide, at the urging of the government, that the cell phones could have been searched as a part of a border crossing. United States v. Ighodaro, 2012 U.S. Dist. LEXIS 156834 (W.D. N.Y. July 5, 2012).*<\/p>\n

Defense counsel was not ineffective for the decision to allow defendant to cooperate by further interrogation and consenting to searches. When defendant turned himself in, counsel-less, he admitted the killing, said it was self-defense, and already admitted to hiding the body. Woods v. State<\/a>, 291 Ga. 804, 733 S.E.2d 730 (2012).*<\/p>\n

A storage unit operator called the police to complain that somebody was living in a storage unit contrary to the rental terms, thereby trespassing. That gave the officers reasonable suspicion when they found defendant living in one. His admission he had marijuana on him was only more. Clark v. State<\/a>, 2012 Ind. App. LEXIS 547 (October 31, 2012).*<\/p>\n

Officers on drug patrol were looking for people who had sold them drugs a few weeks prior. When they saw defendant, that was reasonable suspicion. State v. Gibson<\/a>, 103 So. 3d 641 (La.App. 5 Cir. 2012).*<\/p>\n

Crossing the centerline justified the stop. State v. Vinson<\/a>, 400 S.C. 347, 734 S.E.2d 182 (App. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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