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W.D.Pa.: Defendant's ?belligerent and assertive conduct? showed consent

By John Wesley Hall, Jr.

Defendant’s “belligerent and assertive conduct” showed consent was voluntary on the totality. United States v. Claus, 2010 U.S. Dist. LEXIS 93391 (W.D. Pa. September 8, 2010): He demonstrably knew how to invoke his right to refuse consent (and had previously done so), yet he ultimately made a knowing and informed decision to sign a written consent form and permit a search. Indeed, Dunlevy and Claus negotiated a number of the terms under which the search would be conducted. Claus' belligerent and assertive conduct throughout the incident demonstrated that his consent was not the product of intimidation by officers. The Court recognizes that the actions of the officers in this case were somewhat aggressive and that they certainly attempted to influence and persuade Claus to obtain his consent...continue to full post

Full post as published by Fourth Amendment on September 10, 2010 (boomark / email).