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N.D.Cal.: IRS criminal investigator's silence about real purpose in seeking consent was not misleading to defendant

By John Wesley Hall, Jr.

An IRS criminal investigator’s silence about his real purpose when he sought consent for records was not a misrepresentation to the taxpayer when he got consent for records. United States v. Kim, 2010 U.S. Dist. LEXIS 98269 (N.D. Cal. September 3, 2010).* The search of defendant’s person was without probable cause, and the frisk was without reasonable suspicion, so the gun had to be suppressed. The record was “devoid” of anything like probable cause, and there were no indicators of reasonable suspicion. Essentially, defendant was searched because he was with somebody else who was. Motion to suppress granted. A motion to suppress is not required to be accompanied by an affidavit. Rule 47 says “may.” United States v...continue to full post

Full post as published by Fourth Amendment on September 22, 2010 (boomark / email).