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CA5: Giving over key showed consent

By John Wesley Hall, Jr.

Defendant’s consent to search his motel room was general and unlimited. He gave over the key to the room. Defendant’s approach to consent here was essentially unworkable. United States v. Green, 2010 U.S. App. LEXIS 13544 (5th Cir. July 1, 2010) (unpublished)*: By insisting that we consider only his nonspecific acquiescence in Officer Turrentine's statement that he would enter the motel room and retrieve Ms.Perkins from it, Green essentially urges us to adopt an artificially surgical approach to delimiting the outer bounds of consent. Such an approach cannot be squared with the reasonableness standard that our precedents have established for analyzing the scope of consent, especially when, as here, Green's actions so belie his claims...continue to full post

Full post as published by Fourth Amendment on July 04, 2010 (boomark / email).