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D.V.I.: Failure to consent can become admissible if defendant "opens the door"

By John Wesley Hall, Jr.

While comments on defendant’s refusal to consent are general inadmissible, the government can admit evidence of defendant’s refusal to consent to a search if the defendant argues at trial the absence of evidence (matching DNA) that would have been found. United States v. Davis, 2010 U.S. Dist. LEXIS 59354 (D. V.I. June 15, 2010). An alleged date discrepancy on an arrest warrant was not sufficient to put the officer on notice that the arrest warrant was invalid for qualified immunity purposes. Pair v. City of Parker FL Police Dep't, 2010 U.S. App. LEXIS 12384 (11th Cir. June 16, 2010) (unpublished).* Officer’s entry onto property at 4 a.m. was ostensibly to investigate a burglary and the entered an open door. The court finds that the proffered explanation was pretext for a meth lab investigation...continue to full post

Full post as published by Fourth Amendment on June 18, 2010 (boomark / email).