Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

M.D.La.: While detention was without RS, consent was independent act of free will

By John Wesley Hall, Jr.

While there was no reasonable suspicion for the continued detention of the defendants, the court finds the driver’s consent was valid and the product of independent free will sufficient to overcome it. United States v. Eskichyan, 2010 U.S. Dist. LEXIS 109836 (M.D. La. October 12, 2010)*: The Court does not doubt Officer Averette's credibility, nor his training and experience. The Court also does not doubt that defendants' criminal histories may have been in Officer Averette's mind and that he was frightened when he called for backup. But no amount of training or experience can turn the simple, objective facts that defendants had criminal histories and exhibited ordinary nervousness into articulable suspicion that defendants were about to commit a crime...continue to full post

Full post as published by Fourth Amendment on October 21, 2010 (boomark / email).