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It’s Time to Reconsider Consent Searches
Loaded on May 15, 2021
by Anthony Accurso
published in Criminal Legal News
June, 2021, page 22
Filed under:
Consent.
Location:
United States of America.
by Anthony Accurso
Police generally need a warrant toconduct a search or seizure in the U.S., though this rule has garnered a few exceptions since being enshrined in the Constitution’s Fourth Amendment. One such exception is when a person “consents” to the search upon request. But is it true consent ...
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More from this issue:
- Felony Murder: The Crotchet of American Murder Jurisprudence, by Douglas Ankney
- Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One, by John W. Whitehead
- Reverse Location Warrants Neglect Particularity Requirement, by Casey Bastian
- Cops Increasingly Use Amazon Ring to Target Protestors, by Dale Chappell
- Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row, by Casey Bastian
- $1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years, by Dale Chappell
- Data: NYPD Still Using Chokeholds Despite Ban, by Kevin Bliss
- New Book Scrutinizes Data-Driven Policing
- Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias, by Douglas Ankney
- Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences, by Matthew Clarke
- It’s Time to Reconsider Consent Searches, by Anthony Accurso
- Austin, Texas, Diverting Funds From Police to Transform Community, by Edward Lyon
- Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?, by Douglas Ankney
- Extreme Prosecutorial Misconduct Results in Wrist Slap, by Edward Lyon
- Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety, by Casey Bastian
- When Police Body Cam Is a ‘Propaganda Tool’, by Edward Lyon
- Internet-Connected Devices and the Fourth Amendment, by Anthony Accurso
- Are Police Playing Copyrighted Music to Prevent Live Streaming?, by Anthony Accurso
- Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact, by Douglas Ankney
- Leaving Digital Trails, by Jayson Hawkins
- Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop, by Douglas Ankney
- Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned, by Anthony Accurso
- Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits, by David Reutter
- Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application, by Douglas Ankney
- Report: Police More Aggressive at Leftwing Rallies, by Kevin Bliss
- Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling, by Dale Chappell
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, by Douglas Ankney
- California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional, by Douglas Ankney
- Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop, by Douglas Ankney
- Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, by Douglas Ankney
- New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed, by Anthony Accurso
- Online Records Impose Digital Punishment for Millions, by Anthony Accurso
- Study: Militarizing Police Doesn’t Shrink Crime Rates, by Jayson Hawkins
- Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction, by Matthew Clarke
- Fourth Circuit Finally Holds Davis Retroactive, by Dale Chappell
- The Costs of the War on Drugs, by Jayson Hawkins
- Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, by Anthony Accurso
- $27 Million Settlement for George Floyd’s Family, by Jayson Hawkins
- Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause, by Dale Chappell
- Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, by Matthew Clarke
- Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant, by Anthony Accurso
- News in Brief
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence, May 15, 2024. Consent, Third-party Consent, Consent Searches, Third Party Consent.
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, March 15, 2024. Racial Profiling, Consent, False Inducement, Police/Govt Misconduct.
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.
- New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises, Sept. 1, 2023. Consent, Consent Searches.
- Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant, Nov. 15, 2022. Police, Consent, Warrantless Searches.
- U.S. v. Wise, No. Crim. No. H-12-194-9 (S.D.Tex.) (208 F.Supp.3d 805) (September 23, 2016) (Judge Lynn N. Hughes), Aug. 14, 2017. Punch And Jurists, Consent.
- Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito), April 28, 2014. Punch And Jurists, Consent.
- Georgia v. Randolph, No. 04-1067 (U.S. Supreme Court) (547 U.S. 103; 126 S.Ct. 1515) (March 22, 2006) (Justice Souter), March 3, 2014. Punch And Jurists, Consent.
- Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher), Oct. 1, 2012. Punch And Jurists, Consent.
- U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White), March 31, 2006. Punch And Jurists, Consent.