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CA9: To withdraw consent, one must object to the officers

By John Wesley Hall, Jr.

Based on the testimony of the officers, it was apparent defendant consented to a search of his car, and then he did nothing to withdraw consent. Then the officers could use a drug dog. United States v. Nothstein, 2011 U.S. App. LEXIS 6220 (9th Cir. March 25, 2011) (unpublished).* There was probable cause for the search of defendant’s car, so the automobile exception applied. United States v. Marcum, 2011 U.S. Dist. LEXIS 31802 (E.D. Ky. March 4, 2011).* There was probable cause for issuance of the search warrant in this case based on two Cis. State v. Brown, 2011 Ohio 1461, 2011 Ohio App. LEXIS 1260 (3d Dist. March 28, 2011).* On the totality of circumstances, it appears that the defendant was not “seized” when he and two others were talking to three officers...continue to full post

Full post as published by Fourth Amendment on March 31, 2011 (boomark / email).