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CA5: Demand to open door still led to consent where officers did not come in until consent was granted

By John Wesley Hall, Jr.

“Adam, open the door” was not a demand where the police did not come in. Defendant consented to the entry. The court distinguishes another case where the police yelled “Fort Worth Police: Open the door.” That was different because they police there rushed in. United States v. Longoria, 2010 U.S. App. LEXIS 5401 (5th Cir. March 15, 2010) (unpublished).* Questioning defendant for 45-90 seconds about immigration status was not unreasonable. The district court’s conclusion that the drug dog alerted was supported by the evidence. United States v. Clayton, 2010 U.S. App. LEXIS 5406 (5th Cir. March 12, 2010) (unpublished).* The defendant was found to have consented to the search. The officer spoke with him in Spanish, so there was no mistake about what was said...continue to full post

Full post as published by Fourth Amendment on March 19, 2010 (boomark / email).