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Question is whether the officer reasonably believed the defendant consented, not whether the defendant actually understood

By John Wesley Hall, Jr.

In the Eighth Circuit, the question is whether the officer reasonably believed the defendant consented, not whether the defendant actually understood. United States v. Flores, 2008 U.S. Dist. LEXIS 66275 (D. Neb. August 28, 2008)*: The determinative issue in this case is not whether Julio actually understood what he was signing, but, rather, whether Trooper Hazard reasonably believed that Julio understood and was consenting to the search. "The government bears the burden of proving voluntary consent by a preponderance of the evidence and must show that on the totality of the circumstances the officer reasonably believed that the search was consensual." United States v. Almendares, 397 F.3d 653, 660 (8th Cir. 2005) (upholding consent finding even though subject did not speak English)...continue to full post

Full post as published by Fourth Amendment on August 31, 2008 (boomark / email).