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

Criminal Law

: Fourth Amendment

D.Neb.: Defendant must do something to show withdrawal of consent

By John Wesley Hall, Jr.

Defendant did not sufficiently strive to withdraw the consent to search his vehicle. United States v. Gutierrez, 2008 U.S. Dist. LEXIS 113454 (D. Neb. May 6, 2008)*: There is no evidence the defendant attempted to attract the attention of Deputy Maddux. Although, the defendant said, “no” and “sir,” the defendant did not raise his voice, attempt to exit the vehicle, roll down a window, honk the horn, or make any other gesture to gain attention. The defendant was under some obligation to make his intent to withdraw consent known to Deputy Maddux. See id. Failure of the defendant to do so does not render Deputy Maddux's conduct unconstitutional. When the defendant tried to get out of the police car, the officer grabbed for his arm, so defendant knew that he was not free to leave...continue to full post

Full post as published by Fourth Amendment on May 16, 2010 (boomark / email).