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CA7: Defendant's girlfriend sufficiently controlled defendant's safe in their house to consent to its seizure by the police

By John Wesley Hall, Jr.

Defendant's girlfriend sufficiently controlled the safe in her house and she could consent to police seizure of the safe, which was later opened with a search warrant. Defendant moved the safe to her house and only his things were in it. She knew the combination, and she told the police there was a gun in it and merely remained silent when the police expressed an interest in seizing the safe. United States v. James, 2009 U.S. App. LEXIS 15110 (7th Cir. July 9, 2009).* Trial court's crediting officers over defendant's completely implausible testimony as to defendant's "standing" was not error. United States v. Cossio, 2009 U.S. App. LEXIS 15207 (11th Cir. July 8, 2009) (unpublished).* The officer called for defendant to come to talk to him, and defendant fled, dropping a gun...continue to full post

Full post as published by Fourth Amendment on July 13, 2009 (boomark / email).