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BENCH BLOG: State justices divide on determining consent
What can an ordinary passenger do to stop police from searching the passenger’s property when it’s in a vehicle being searched with the driver’s consent?
2010AP1228-CR State v. Lathan
Search and Seizure Warrantless entry; consent The consent of one occupant to enter overrides the refusal of another occupant, when neither are the subject of the search or arrest. “Randolph acknowledged that ‘Fourth Amendment rights [with regard to third-party consent] are not limited by the law of property,’ but rather, rested on ‘“mutual use,”’ id. […]
09-2184 U.S. v. Hicks
Search and Seizure Consent; pretextual threats Where the lead investigator took active steps to obtain a warrant prior to entering a home with the owner’s consent, the threat to the owner that he would get a warrant if consent was denied was not pretextual. “Although the district court only mentioned it in passing, we note […]
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