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ND: Consent to look for people permits officers going to the basement

By John Wesley Hall, Jr.

Defendant consented to officers entering his house to look for others that might have been involved in a fight, and that necessarily permitted them to look in the cellar. State v. Uran, 2008 ND 223, 2008 N.D. LEXIS 204 (December 16, 2008).* Under implied consent law, the defendant does not have to consent [but he can refuse]. State v. Salter, 2008 ND 230, 2008 N.D. LEXIS 206 (December 16, 2008).* Defendant was not detained when the officer approached him to take to him while defendant was parked in his car. There were no lights and the car was not blocked. State v. Isenhour, 2008 N.C. App. LEXIS 2230 (December 16, 2008).* Officer's patdown for weapons before a "courtesy" police car ride did not justify a search of the person because the officer did not feel any weapons and it became an exploratory search...continue to full post

Full post as published by Fourth Amendment on December 20, 2008 (boomark / email).