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UT: Columbo gambit did not make the consent invalid

By John Wesley Hall, Jr.

Defendant juvenile effectively consented to a search of his house for psychedelic mushrooms. The officer called him on his cell after having been given the number by another juvenile who consumed them. He got the defendant to meet him at defendant’s house, and he promised not to take him in if he turned over the drugs. “Officer Hansen told R.A. that he needed the drugs to complete his report and that he would ‘not take [R.A.] to juvenile detention’ if R.A. came home and gave the drugs to Officer Hansen. After R.A. agreed to leave work and come home, Officer Hansen asked R.A. to clarify whether he was going to turn over the items or if Officer Hansen should ‘try for a warrant.’ R.A. responded that ‘he didn't want [Officer Hansen] to try for a warrant...continue to full post

Full post as published by Fourth Amendment on March 31, 2010 (boomark / email).