By: Derek Hawkins//November 16, 2015//
Criminal
7th Circuit Court of Appeals
Officials: WOOD, Chief Judge, and MANION and WILLIAMS, Circuit Judges.
Suppression of Evidence
No. 13-2586 United States of America v. Feras Rahman
Evidence obtain from search of basement in arson case stemming from consented search suppressed fore exceeding scope of consent.
“The analysis of Clifford helps us determine the parameters of the written consent Rahman gave to fire investigators “to determine the origin and cause of the fire that occurred on 1/19/10.” Relying on Clifford, we find that based on the totality of the circumstances, an objective reasonable person would conclude that when investigators asked Rahman for consent to determine the origin and cause of the fire, they would understand the request to be for consent to determine where the fire occurred and what sparked the fire, not for a search whose primary object is to look for criminal activity”
Reversed and Remanded