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LA5: Randolph does not require defendant be asked for consent

By John Wesley Hall, Jr.

Defendant's furtive gesture justified a protective search of defendant's person during a traffic stop. The court went to great lengths to explain how defendant's failure to respond to questions added to it. State v. Bridges, 2009 Wisc. App. LEXIS 316 (April 29, 2009).* Defendant's gesture was consent. "The Court concludes that Ms. Reynolds' gesture towards the headboard likewise constituted implied-in-fact consent on which Officer Harris reasonably relied when he searched for the guns." United States v. Reynolds, 2009 U.S. Dist. LEXIS 36687 (D. Me. April 21, 2009).* Juvenile's stop was justified based on the fact he was obviously truant. Officer also had articulable suspicion that he and his cohorts were about to commit a burglary. In the Interest of J...continue to full post

Full post as published by Fourth Amendment on May 05, 2009 (boomark / email).