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Suppression of Evidence

By: Derek Hawkins//November 16, 2015//

Suppression of Evidence

By: Derek Hawkins//November 16, 2015//

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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

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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