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E.D.Mo: Defendant volunteered to be searched without asking, so it was voluntary

By John Wesley Hall, Jr.

The officers had reasonable suspicion to stop the defendants for credit card fraud, and the defendant volunteered to be searched; he was not asked for consent. The officer did, and the consent is valid. United States v. Santiago, 2007 U.S. Dist. LEXIS 52094 (E.D. Mo. July 18, 2007), adopted United States v. Santiago, 2007 U.S. Dist. LEXIS 56882 (E.D. Mo. August 2, 2007). The police were looking for a man in an apartment complex, and they encountered the defendant, who they quickly determined was not the guy they were looking for. The told him to have a seat while they were looking. He was not touched nor was a weapon displayed. He ultimately made incriminating statements, and he was arrested for possession of a weapon they found. He was not reasonably in "custody" for Fifth Amendment and Miranda purposes...continue to full post

Full post as published by Fourth Amendment on April 15, 2010 (boomark / email).