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ANOTHER INTERESTING ONE FROM THE 4TH

By JAABLOG

Even though they felt they had to affirm the trial judge's denial of a Motion To Suppress, the 4th DCA issued a strongly worded opinion today regarding situations "where ?consent? to a search is found under objectively questionable circumstances ... ".  From Ruiz v. State, issued Wednesday:The ?totality of the circumstances? approach has expanded the concept of ?consent? in a way that has had a significant effect on the administration of criminal justice. It allows a trial court to rely on other factors that swallow aggressive police conduct and contract the limits of Fourth Amendment protection.In many cases, the police rely upon a defendant?s voluntary consent to justify a search or a stop. One possibility is that citizens, especially those involved in crimes, have a desire to cooperate with the police toavoid making waves...continue to full post

Full post as published by JAABlog on January 12, 2011 (boomark / email).