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The fact defendant had assaulted the one with apparent authority and she called the police supports finding of consent

By John Wesley Hall, Jr.

Based on the credibility of witnesses, the court finds that defendant's girlfriend had apparent authority to consent to entry. "The Court also finds the implicit consent was particularly logical in the context of the fact that Defendant had just beaten her a short time earlier." United States v. Stiner, 2008 U.S. Dist. LEXIS 80434 (M.D. Fla. February 27, 2008).* Officer's parking near defendant and walking up to the car was not a seizure because the defendant was not blocked in and the officer did not demonstrate such a show of authority that defendant was compelled to stay. State v. Wilkes, 2008 Iowa Sup. LEXIS 139 (October 10, 2008): We conclude under all the facts and circumstances that no seizure occurred under the Fourth Amendment when Wood approached the vehicle...continue to full post

Full post as published by Fourth Amendment on October 14, 2008 (boomark / email).