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CA11: Clear advice of a right to refuse a search helps attenuate from an illegal stop

By John Wesley Hall, Jr.

Defendant’s consent was attenuated from the illegal stop by time, clear advice of a right to refuse the search by underlining the portion of the consent form so stating, and the officers’ conduct not being flagrant. United States v. Blackburn, 2010 U.S. App. LEXIS 20235 (11th Cir. September 30, 2010) (unpublished).* Officers assisting in an arrest that they are not told is without a warrant are entitled to qualified immunity where they reasonably believed it was with a warrant. Shepard v. Hallandale Beach Police Dep't, 2010 U.S. App. LEXIS 20240 (11th Cir. September 30, 2010),* (unpublished) The credibility determination of the USMJ was not based on status, but correctly noted defendant’s interest in the case as a factor...continue to full post

Full post as published by Fourth Amendment on October 05, 2010 (boomark / email).