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Criminal Law

: Fourth Amendment

Officer cannot patdown a person as a matter of course before putting that person in a police car

By John Wesley Hall, Jr. (all)

An officer cannot patdown a person as a matter of course before putting that person in a police car without reasonable suspicion. State v. Brockel, 2008 ND 50, 2008 N.D. LEXIS 44 (March 20, 2008): [*P11] The State argues that even if there was no reasonable suspicion, the pat-down was justified because Brockel consented to the search. Voluntary consent is an exception to the warrant requirement. State v. DeCoteau, 1999 ND 77, P9, 592 N.W.2d 579. "The existence of consent is a question of fact to be determined from the totality of the circumstances." State v. Graf, 2006 ND 196, P10, 721 N.W.2d 381. Mere acquiescence to police authority is not sufficient to show consent; it must be definitive. State v. Genre, 2006 ND 77, P20, 712 N.W.2d 624...continue to full post

Full post as published by Fourth Amendment on March 24, 2008 (boomark / email).

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