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CA8: Four Fourth Amendment cases in two days

By John Wesley Hall, Jr.

Officer safety justified a search incident of defendant’s car even though he was not right near it because he spoke to others in a foreign language, and the others were not secured. United States v. Salamasina, 2010 U.S. App. LEXIS 16293 (8th Cir. August 6, 2010). Defendant’s stop was not unconstitutionally extended, and defendant consented: “If you’d like to. I mean, I’m fine.” United States v. $231,930.00 in United States Currency, 2010 U.S. App. LEXIS 16197 (8th Cir. August 5, 2010) (not on court's website): Also, the presence of three officers, alone, does not make the encounter a seizure, and Sergeant Vance had no duty to tell Kupczyk that he could deny the request to search. "There is no per se requirement that an officer inform a citizen of his right to refuse consent, and there is no presumption that consent is invalid where given without an explicit notification of the right to refuse...continue to full post

Full post as published by Fourth Amendment on August 07, 2010 (boomark / email).