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CA10: SCOTUS's view of question of consent in an encounter is likely wrong [oh, it is]

By John Wesley Hall, Jr.

The Tenth Circuit considers the question of consent on a 7-11 parking lot and finds that it was consensual, evaluating at length all the factors, United States v. Thompson, 2008 U.S. App. LEXIS 23554 n. 1 (10th Cir. November 12, 2008), making this pointed, and quite correct, observation: It might bring greater clarity to this area of the law if the test were framed in terms of whether the officer's behavior is coercive rather than whether, under the circumstances, the reasonable person would feel "free to disregard the police," which we suspect is unrealistic. Defendants had qualified immunity because of probable cause to arrest. Williams v. Miami-Dade Police Dep't, 2008 U.S. App. LEXIS 23614 (11th Cir. October 29, 2008) (unpublished).* Defendant's computer was in the shop for repair, and the repair geek saw a child porn image and called the police...continue to full post

Full post as published by Fourth Amendment on November 20, 2008 (boomark / email).