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"Lawyering up" does not prohibit a police request for consent

By John Wesley Hall, Jr.

Defendant invoked his right to remain silent, but a request for consent after that is not prohibited. State v. Cummings, 2008 N.C. App. LEXIS 198 (February 5, 2008): After Defendant invoked his right to counsel, interrogation ceased. Agents did not ask any further questions about the robbery or Mr. Graham's homicide. The agents asked only whether Defendant would give his consent for his vehicle to be searched, a question to which Miranda warnings do not apply. See Frank, 284 N.C. at 142, 200 S.E.2d at 173. Because there is competent evidence to support the trial court's finding of fact, we cannot conclude that the trial court erred in finding that Defendant's "consent to search his vehicle was consensual." Omission from child porn affidavit that website that defendant visited "guaranteed" images were of adults was not material to the showing of probable cause where the officer actually viewed the images on the computer which were of minors...continue to full post

Full post as published by Fourth Amendment on February 07, 2008 (boomark / email).