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M.D.Fla.: Officer's testimony on consent contradicted other officer and defendant so no consent found

By John Wesley Hall, Jr.

Officer was sincere but mistaken in whether defendant consented. Her testimony was contrary to defendant an other officer. Defendant’s testimony also credited because he was sincere and cooperative with officers throughout. United States v. Mills, 2010 U.S. Dist. LEXIS 68853 (M.D. Fla. June 17, 2010).* Where there were some inconsistencies with the search warrant affidavit with some testimony in the case, but that did not undermine the probable cause. The reference to firearms offenses shows a continuing occurrence that overcomes staleness, and the good faith exception would apply. United States v. Stout, 2010 U.S. Dist. LEXIS 68770 (N.D. Okla. July 9, 2010).* Plaintiff failed to show that a school official listened in to a telephone call and intercepted it...continue to full post

Full post as published by Fourth Amendment on July 14, 2010 (boomark / email).