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D.Neb.: [Unexplained] assistance in search shows consent

By John Wesley Hall, Jr.

Consent was valid, and third party’s (co-defendant’s) assistance in the search helps shows voluntariness. United States v. Carlson, 2010 U.S. Dist. LEXIS 15106 (D. Neb. January 21, 2010), R&R adopted, 2010 U.S. Dist. LEXIS 15105 (D. Neb. February 22, 2010);* companion case of the consenter: United States v. Wiese, 2010 U.S. Dist. LEXIS 15107 (D. Neb. January 21, 2010), R&R adopted, 2010 U.S. Dist. LEXIS 15109 (D. Neb. February 22, 2010).* [This is a proposition that I can’t agree with because the person may be trying to prevent needless rummaging or destruction of property. This is fact intensive, and the consenter should testify to this at the suppression hearing to at least seek to show that this “cooperation” was not really consent...continue to full post

Full post as published by Fourth Amendment on February 24, 2010 (boomark / email).