{"id":8749,"date":"2013-11-23T10:03:43","date_gmt":"2013-05-14T08:42:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-14T08:42:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8749","title":{"rendered":"CA6: Defendant was not in custody and validly consented by handing over keys"},"content":{"rendered":"<p>Defendant was stopped for an equipment violation on his way home from being a bouncer in an adult entertainment club. There had been a serious crime in the vicinity. Nine patrol cars converged, but defendant wasn\u2019t under arrest or handcuffed and no guns were on him. He\u2019d consented to a search of his car and nothing was found. The officer asked for consent to search the glove box, and defendant handed over the keys. That was consent, and a gun was found. Defendant was a FIPF, and the consent was valid. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0468n-06.pdf\">United States v. Thurman<\/a>, 525 Fed. Appx. 401 (6th Cir. 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>We do not believe the district court committed clear error when it determined that Thurman had voluntarily consented to the search of his glove box. There is no evidence of overt duress or coercion: Thurman was sitting on the guardrail without handcuffs when Honaker asked for consent, Honaker and Hendrickson did not have their guns drawn, the officers spoke to Thurman in a conversational tone, and Thurman seemed calm and cooperative. When Honaker asked Thurman if he could search the glove box, Thurman reached into his pocket and handed his keys to the officers. Considering the totality of the circumstances, including Thurman&#8217;s prior verbal consent to search the car, Thurman&#8217;s handing over of the keys constituted a voluntary consent to search the glove box.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8749\">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-8749","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8749","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=8749"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8749\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8749"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8749"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8749"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}