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D.Neb.: Hallucinating man on drugs could not voluntarily consent

By John Wesley Hall, Jr.

The police responded to a 911 call about a “break-in” and a shooting. They found the defendant outside the house, confused and under the likely influence of drugs. The did a “protective sweep” on exigency and found drug stuff. They proceeded to search. The USMJ recommended suppression for lack of a warrant, and the USDJ agrees. The proper recourse was to get a search warrant and not rely on a alleged consent from a man they admit was hallucinating. Motion to suppress granted for lack of a warrant. United States v. Einerson, 2011 U.S. Dist. LEXIS 15633 (D. Neb. February 16, 2011): The officers testified that the defendant appeared to be under the influence of a drug and was acting erratic, excited, nervous, paranoid and fidgety...continue to full post

Full post as published by Fourth Amendment on February 20, 2011 (boomark / email).