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E.D.Tenn: Giving keys to safe was indicative of consent during a knock-and-talk

By John Wesley Hall, Jr.

Defendant consented during a knock-and-talk, and his giving keys to the safe to the officer is indicative of consent. He also fell asleep during the search. United States v. Lowe, 2010 U.S. Dist. LEXIS 36064 (E.D. Tenn. March 4, 2010) (R&R), adopted United States v. Lowe, 2010 U.S. Dist. LEXIS 36068 (E.D. Tenn. April 12, 2010).* Defendant walked into a gas station in Nebraska while en route cross country, and made small talk with an officer who just happened to be in there. The travel plans did not make must sense, and the conversation led to reasonable suspicion. The officer asked for consent to search the car, and the defendant ultimately consented. United States v. Lopez-Mendoza, 2010 U.S. App. LEXIS 7730 (8th Cir. April 15, 2010)*: Deputy Brown asked, “Do you care if I look and see?,” simultaneously pointing two fingers first toward his eyes and then at the car...continue to full post

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