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OR: Threat to seal house without consent was not coercive

By John Wesley Hall, Jr.

Defendant's mother's consent allowing the police to search her home was voluntary despite the police officer telling the mother that he would get a warrant and that he would seal the property. State v. Berg, 2008 Ore. App. LEXIS 1633 (October 29, 2008).* Officer's merely failing to take steps to confirm he arrested was the correct suspect did not show malice for punitive damages against him. Houghton v. Forrest, 2008 Md. App. LEXIS 139 (October 31, 2008).* A consent to search as a condition of bail was used as a method of finding consent in United States v. Doody, 2008 U.S. Dist. LEXIS 89669 (D. Me. August 6, 2008), but the court did not determine the legality of that condition, just that defendant was well-versed in the criminal justice system, therefore, not somebody easily taken advantage of by the police.continue to full post

Full post as published by Fourth Amendment on November 08, 2008 (boomark / email).