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Taken console apart was within scope of general consent

By John Wesley Hall, Jr.

Taking the console apart was within the scope of consent. No tools were needed, and it was within the scope of the consent granted. United States v. McCall, 2008 U.S. Dist. LEXIS 94411 (E.D. Tenn. November 18, 2008).* The collective knowledge rule applies to reasonable suspicion, and the officer that actually stopped defendant likely didn't, but they all did. United States v. Sierz, 2008 U.S. Dist. LEXIS 94079 (E.D. Mich. November 4, 2008).* Defendant failed to show that the trial court's conclusion that his consent was voluntary was clearly erroneous. The incongruities in the defendant's own testimony was reason enough to show that the consent was voluntary. United States v. Horne, 2008 U.S. App. LEXIS 24028, 2008 FED App. 0710N (6th Cir...continue to full post

Full post as published by Fourth Amendment on November 26, 2008 (boomark / email).