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CA9: Positioning defendant so he could not see consent search did not nullify his consent

By John Wesley Hall, Jr.

Defendant’s Fourth Amendment rights were not violated by positioning him so it was more difficult to observe the search they were going to conduct. He consented twice orally and twice in writing, and his hands were on the police car facing away for safety purposes. United States v. Gonzalez, 2011 U.S. App. LEXIS 1620 (9th Cir. January 26, 2011) (unpublished): Because Gonzalez's hands were on the patrol car, officers were able to monitor his movements during the search. Besides the fact that Gonzalez was asked to place his hands on the car, there was no relevant change in circumstances between his consent and the search. Finally, officers applied no pressure or force on Gonzalez to prevent him from observing the search. Gonzalez was merely asked to face the patrol car and place his hands on the car...continue to full post

Full post as published by Fourth Amendment on January 29, 2011 (boomark / email).