{"id":8794,"date":"2013-12-04T07:33:13","date_gmt":"2013-05-26T00:03:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-25T14:14:08","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8794","title":{"rendered":"D.Neb.: Voluntarily returning home supported finding of consent"},"content":{"rendered":"<p>Defendant who voluntarily returned to his home in his own car voluntarily consented to a search of the house. United States v. Rodas, 2013 U.S. Dist. LEXIS 72970 (D.S.C. May 23, 2013).*<\/p>\n<p>Officers learned of file sharing of child pornography at a particular IP address. Sharing the wireless router was someone not living in that house. There was no CP in the house. The car next door was registered to a person with the same first name as on the other computers accessing the router. They did a knock-and-talk and let him go to work and got a SW for the house. United States v. Keiter,  2013 U.S. Dist. LEXIS 73233 (D.Neb. April 29, 2013).*<\/p>\n<p>Defendant\u2019s claim of a lack of particularity in the search warrant was not timely made before trial so it is waived. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/104056np.pdf\">United States v. Kaplan<\/a>, 526 Fed. Appx. 208 (3d Cir. 2013).*<\/p>\n<p>Defendant was handcuffed and going to be searched, and the officer asked him if he had anything on him that would stab the officer. He said he had a gun. That was not a custodial interrogation designed to elicit an incriminating response about a gun. [Besides, the frisk was going to occur anyway.] United States v. Nagy, 2013 U.S. Dist. LEXIS 73197 (N.D. Ohio May 23, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8794\">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-8794","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8794","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=8794"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8794\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8794"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8794"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8794"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}