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CA8: Photographing tattoo on bare breast at book-in was reasonable

By John Wesley Hall, Jr.

Court declines to dismiss warrantless search issue for lack of an affidavit of personal knowledge from the defendant. Wiretaps of informants were credited with showing probable cause for warrantless entry. Her consent was valid, despite several officers in her hotel room. United States v. Moreno, 2009 U.S. Dist. LEXIS 14405 (E.D. N.Y. February 24, 2009).* Defendant's consent was shown by "written consent to search his residence. Indeed, as the government correctly points out, Cook accompanied the DEA agents to his home and, without handcuffs on, led agents around, and specifically indicated where specific contraband was located. The court is simply not persuaded that Cook's cooperation in this regard, including signing the DEA Form 88, was anything other than consensual...continue to full post

Full post as published by Fourth Amendment on March 01, 2009 (boomark / email).