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Implied consent to enter by occupant saying defendant was inside and turning to walk in leaving door open

By John Wesley Hall, Jr.

Officer was called to assist a woman in getting her car license back from the defendant. The officer's admission into the defendant's residence was impliedly authorized by another woman there who said defendant was inside and turned and headed in with the officer following. United States v. Goncalves, 2008 U.S. Dist. LEXIS 39671 (N.D. N.Y. May 15, 2008): In this case, the Court finds, based on the totality of all the circumstances, that when Stacey Goncalves, in response to Officer Coyle's inquiry as to where defendant was, stated that defendant was inside, turned around and entered the house without further explanation or instruction, and left the doors open behind her, she impliedly consented to the officers' entry into the house for the purpose of locating defendant...continue to full post

Full post as published by Fourth Amendment on May 18, 2008 (boomark / email).