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

Criminal Law

: Fourth Amendment

CA1: "Do what you have to do" was consent

By John Wesley Hall, Jr.

Defendant consented to the search of his car, and the district court credited the testimony of the officers and not him about consent. His statement “do what you have to do” was construed as consent [that’s kind of dangerous, isn’t it?]. In any event, there was probable cause and the automobile exception applied. United States v. Franklin, 2011 U.S. App. LEXIS 137 (1st Cir. January 5, 2011)*: Franklin’s other primary argument on this point that the officers’ testimony is suspect because it is not corroborated by a consent form — likewise holds no water. A consent form certainly would have made the prosecution's task easier, but it was not necessary, and its absence does not undercut the officers' consistent testimony...continue to full post

Full post as published by Fourth Amendment on January 07, 2011 (boomark / email).