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Government's claim of consent fails because it was an unjustified inventory; officer's own reports belied consent

By John Wesley Hall, Jr.

The government's claim of consent in this case was post hoc at best because it was done as an inventory, and it was invalid at that. The officer's own police reports undercut the government's claim that consent was the issue. United States v. Jackson, 2008 U.S. Dist. LEXIS 27783 (D. Del. April 7, 2008).* Defendant's suspected attempted meeting with a prostitute on the street viewed by a vice officer was reasonable suspicion. "While certainly Luqman can create any number of possible innocent explanations for these actions, we need not adopt those singular explanations. Rather, the question is whether, when looking at the facts in total, the officers had reason to believe that criminal activity was afoot. The answer here is yes." United States v...continue to full post

Full post as published by Fourth Amendment on April 09, 2008 (boomark / email).