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Criminal Law

: Fourth Amendment

E.D.Tenn.: Georgia v. Randolph does not require that the defendant be asked for consent

By John Wesley Hall, Jr.

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Georgia v. Randolph does not require that the defendant be asked for consent. Third party consent was still valid without him being asked. United States v. Hatten, 2010 U.S. Dist. LEXIS 141660 (E.D. Tenn. July 12, 2010).* Defendant had no standing in the stolen car he was driving. United States v. Clemons, 2011 U.S. Dist. LEXIS 18960 (D. Idaho February 25, 2011).* Defendant’s § 2255 Fourth Amendment claim was a rehash of the issues litigated on the merits, so it is denied. United States v. Osorio, 2011 U.S. Dist. LEXIS 19107 (S.D. Tex. February 24, 2011).* Defendant was stopped for a traffic offense, and [for some reason] he was asked if the backpack in the vehicle was his, and he said no, and that was an abandonment. United States v...continue to full post

Full post as published by Fourth Amendment on March 03, 2011 (boomark / email).

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