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E.D.Tenn.: Even if officers engaged in deception, the consent would have been valid

By John Wesley Hall, Jr.

Driveby at a house called in to the police justified officer's entry to check on people inside. That resulted in a plain view, a denial of consent, and then obtaining a search warrant. United States v. Wilson, 2009 U.S. Dist. LEXIS 1897 (D. Kan. January 12, 2009).* Informant's statement that he had seen drugs inside the defendant's house did not have to be corroborated to show probable cause. [Indeed, it would be hard to corroborate, wouldn't it?] United States v. Johnson, 2009 U.S. Dist. LEXIS 1961 (M.D. Ala. January 12, 2009).* Defendant was told he was free to leave, but a drug dog was on the scene and was used on the car, and that was sufficient because there was reasonable suspicion at that point. This is not the same as holding a car while a drug dog is brought in (distinguishing Eighth Circuit authority the defense reled on)...continue to full post

Full post as published by Fourth Amendment on January 15, 2009 (boomark / email).