Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

M.D. Fla.: Defendant has to be present and have objected to invoke Randolph

By John Wesley Hall, Jr.

Defendant's consent was voluntary even though she was handcuffed. The initial tension of the arrest had dissipated, and the situation was calmer by the time of the consent. United States v. Merritt, 2009 U.S. Dist. LEXIS 24227 (S.D. W.Va. March 24, 2009).* USMJ who issued a search warrant hears a Franks challenge and concludes that statements were erroneous, but they did not rise to the level of recklessness. Even if the wrong information is excluded, PC remains. United States v. Henry, 2009 U.S. Dist. LEXIS 23627 (E.D. Mo. March 23, 2009): Information was being gathered by third parties as in Stevens supra, and relayed to Wicks. If indeed a mistake was made as to the location of the tractor, there is no evidence that it was willful or reckless, but at the most negligent...continue to full post

Full post as published by Fourth Amendment on March 31, 2009 (boomark / email).