Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Consent to enter to look for a person permitted looking under bed

By John Wesley Hall, Jr.

Consent to search for a person permitted the officer to look under a bed where he saw a rifle in a case, which was immediately apparent. The search was within the scope of consent. United States v. Bater, 2008 U.S. Dist. LEXIS 28307 (D. Me. April 7, 2008).* Seat belt violation objectively justified defendant's stop in the face of a pretext challenge, and everything after that was valid, too. United States v. Price, 2008 U.S. Dist. LEXIS 28086 (N.D. Ga. January 23, 2008).* Officers already unlawfully searched defendant's outside property before they asked for consent, which he refused. The prior search tainted everything thereafter. Inevitable discovery rejected because the police were not on a course of investigation that would have led to the same result...continue to full post

Full post as published by Fourth Amendment on April 10, 2008 (boomark / email).