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Criminal Law

: Fourth Amendment

Consent obtained by threat to arrest if officers were required to get a warrant and then drugs were found was not unlawful

By John Wesley Hall, Jr.

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Threat to arrest occupants if drugs were found and the officers were forced to get a search warrant was not unlawful coercion to consent because it was conditional. State v. Martin, 2008 La. App. LEXIS 1400 (5th Cir. October 28, 2008).* 911 call about blood in a house where the caller wanted assistance getting her kids out of the house justified police entry because there was obviously an injured person likely in need of aid. Defendant’s bloody palm print was thus validly seized. State v. Simmons, 2008 La. App. LEXIS 1387 (5th Cir. October 28, 2008).*

Full post as published by Fourth Amendment on November 02, 2008 (boomark / email).

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