Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA8: Serving order of protection on defendant away from the house was not shown to cause him not to object to wife's consent

By John Wesley Hall, Jr.

A valid ex parte order of protection was served on defendant away from his house, but defendant could not show that it was for the purpose of keeping him from objecting to the search under Randolph. His wife was asked for consent in his absence. United States v. Brewer, 2009 U.S. App. LEXIS 27660 (8th Cir. December 17, 2009).* Two cell phones and unusual travel plans were reasonable suspicion. Defendant was in Wichita heading to the East Coast but on a five day vacation. The officer saw Bondo for body work, which indicates a hidden compartment. The drug dog alerted. United States v. Guerrero-Sanchez, 2009 U.S. Dist. LEXIS 116869 (D. Kan. December 15, 2009). The defendant had a carry permit and he told the officer, as required to do, that he had the gun...continue to full post

Full post as published by Fourth Amendment on December 19, 2009 (boomark / email).