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N.D.Ind.: Merely inquiring into whether officer had a search warrant is not a denial of consent

By John Wesley Hall, Jr.

Mere inquiry about a search warrant was not a refusal of consent. United States v. Fletcher, 2010 U.S. Dist. LEXIS 21611 (N.D. Ind. March 9, 2010): The Court finds no support in the case law for the proposition that Defendant's inquiry about a search warrant is tantamount to an express refusal of consent. C.f. Randolph, 547 U.S. at 107 ( where the police asked defendant for permission to search the house, "which he unequivocally refused.") See also United States v. Sims, 435 F. Supp. 2d 542, 545-46 (S.D. Miss. 2006) (defendant's attempt to slam the door shut as police were entering an express refusal of consent); United States v. Henderson, 2006 U.S. Dist. LEXIS 88404, 2006 WL 3469358, *2 (N.D. Ill. 2006) (the statement "Get the f*** out of my house" a direction that the police refrain from searching the residence); United States v...continue to full post

Full post as published by Fourth Amendment on March 14, 2010 (boomark / email).