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D.Minn.: Consent form was understandable enough to show voluntary waiver

By John Wesley Hall, Jr.

Defendant consented to the taking of a DNA sample. He was informed that he had a right to refuse consent, but he objected that he did not understand the form or what DNA was. The court finds the form simple and understandable, and he voluntarily consented. [The court downplayed the role of knowledge of the right to refuse consent in voluntariness.] United States v. Cloud, 2010 U.S. Dist. LEXIS 54861 (D. Minn. April 19, 2010): In addition, though the Defendant contends that his consent was not knowing, because Iverson did not explain the meaning of a "voluntary submission," the language of the Consent Form is clear and simple, and plainly informs the reader that there is no requirement to consent, and that any consent is voluntarily given. As a consequence, we find that the Defendant was sufficiently apprised of the voluntary nature of his consent and, in addition, we observe that, while it may factor into the totality of the circumstances analysis, "[t]he Supreme 'Court has rejected in specific terms the suggestion that police officers must always inform citizens of their right to refuse when seeking permission to conduct a warrantless consent search...continue to full post

Full post as published by Fourth Amendment on June 08, 2010 (boomark / email).