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N.D.Ill.: Forfeiture claimant's incredible story about ownership justified not believing him on consent to search, either

By John Wesley Hall, Jr.

Defendant’s incredible story during these forfeiture proceedings that he inherited the money from his mother which was not raised until well into the proceedings justified the court not believing his version that the search was without his consent in the first place. United States v. Funds in the Amount of $40,000, 2010 U.S. Dist. LEXIS 131582 (N.D. Ill. December 13, 2010).* Officers applied for a search warrant for a drug house with ongoing sales. While waiting, they decided they could do a probation search and entered. Because there were ongoing drug sales on the property, they were justified in doing frisks of the people inside because of the number alone. This was not a one on one encounter on the street. State v. Crooks, 2010 Ida...continue to full post

Full post as published by Fourth Amendment on December 20, 2010 (boomark / email).