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CA4: Knowledge of right to refuse search helps show consent

By John Wesley Hall, Jr.

Consent was found voluntary because defendant was arrested by plain clothes officers who did not pull any weapons, he knew some of them, he was cooperative, and he was told of his right to refuse. United States v. Alexander, 2010 U.S. App. LEXIS 17293 (4th Cir. August 17, 2010 (unpublished).* The officer did not unreasonably prolong the stop. Defendant consented to a search of his person producing $3,000 in cash and he was nervous. That was reasonable suspicion for calling in a drug dog. United States v. Whitney, 2010 U.S. App. LEXIS 17300 (4th Cir. August 17, 2010) (unpublished).* Based on multiple intercepted telephone calls, the officers had probable cause to search defendant’s vehicle when he was found. United States v. Verdugo, 2010 U...continue to full post

Full post as published by Fourth Amendment on August 23, 2010 (boomark / email).