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E.D.N.C.: Defendant's presence at a search of his house is not required to "maintain his consent"

By John Wesley Hall, Jr.

Defendant's presence at a search of his house is not required to "maintain his consent." Stating that a locked room was his daughter's room was not revocation of consent. United States v. Hicks, 2009 U.S. Dist. LEXIS 63802 (E.D. N.C. May 28, 2009).* Defendant was arrested for masturbating in a mall parking lot, and a search of his wallet produced a laminated photograph of an erect penis being touched by a young boy, which apparently had been photoshopped together. Defendant had also been arrested twice before for sex offenses with children and was unregistered. This was PC on the totality of circumstances for child porn being in his house and on his computer. After the execution of the warrant, defendant consented to a search of the computer, but a warrant was later issued for it, too...continue to full post

Full post as published by Fourth Amendment on July 28, 2009 (boomark / email).