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Defendant's revocation of consent did not prevent officers staying until search warrant arrived

By John Wesley Hall, Jr.

Officers were permitted into defendant's house, but defendant revoked consent after the officers had developed probable cause. The officers refused to leave because they feared destruction of documentary evidence. They stayed until a search warrant arrived, and this was reasonable under McArthur. State v. Bass, 2008 Tenn. Crim. App. LEXIS 185 (February 28, 2008). Petitioner showed good cause to get access to records for his habeas claim that included a Fourth Amendment claim. [Note that the court did not dismiss the claim out of hand that it was barred under Stone. He at least gets to try to develop his claim, which likely will fail.] Daniels v. Jones, 2008 U.S. Dist. LEXIS 19689 (W.D. Mich. March 13, 2008).* Defendant handed a towel with cocaine in it to a person on the parking lot of a pool hall saying that he was coming back...continue to full post

Full post as published by Fourth Amendment on March 16, 2008 (boomark / email).