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E.D.N.Y.: Defendant's actions in standing over agent's shoulder during search was implied consent

By John Wesley Hall, Jr.

Defendant’s wife consented to entry of Customs officers in a child pornography investigation. She testified she believed they were looking into some national security offense, and they did not immediately disabuse her of belief. Defendant’s providing the password to the computer and then standing over the officer’s shoulder while the computer was perused was indicative of implied consent. United States v. Pollaro, 2010 U.S. Dist. LEXIS 87106 (E.D. N.Y. August 16, 2010): The court finds that the Agents accurately represented themselves from the beginning as DHS/ICE agents, and did not attempt to mask their identity. (Tr. 70). Although Mrs. Pollaro testified to have interpreted the Agents' statements to mean there was an issue of national security at hand, the agents made no statements confirming or denying this presumption...continue to full post

Full post as published by Fourth Amendment on August 28, 2010 (boomark / email).