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"No, you can check me" in response to a request to frisk is consent

By John Wesley Hall, Jr.

Frisk was by consent. "The district court found that Miles consented to the search when, upon being asked whether he had any weapons, he answered, 'No, you can check me,' and put his hands in the air." United States v. Miles, 2008 U.S. App. LEXIS 2352 (2d Cir. January 31, 2008) (unpublished).* Officers had probable cause to believe that plaintiff was suicidal when he was taken in for psychiatric evaluation, so they had qualified immunity. Simon v. Cook, 2008 U.S. App. LEXIS 2381, 2008 FED App. 0086N (6th Cir. January 30, 2008) (unpublished).* There is no military version of Bivens action for a Franks claim. Flowers v. United States, 2008 U.S. Claims LEXIS 21 (Ct. Fed. Claims. January 18, 2008): The court cannot adjudicate plaintiff's allegations that his Fourth Amendment rights were violated by the Army's alleged "concealing and omitting evidence from the military judge" in order to obtain a search warrant...continue to full post

Full post as published by Fourth Amendment on February 04, 2008 (boomark / email).