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D.Nev.: Consent search or inventory were invalid

By John Wesley Hall, Jr.

Defendant did not validly consent to a search of his car, and an inventory search of the car was not justified either. United States v. Minor, 2010 U.S. Dist. LEXIS 29506 (D. Nev. March 11, 2010)*: After review, the Court finds that the relevant factors indicate that Minor did not voluntarily consent to a search of his vehicle. He was in custody, not given Miranda warnings, not told he had the right to refuse consent, not given a written waiver, and informed that the vehicle would be searched for inventory purposes prior to consent. Accordingly, the Government has not met its burden to show the consent was voluntary. Because consent was not voluntarily given, it is not necessary to address the issue of whether the search exceeded its permissible scope...continue to full post

Full post as published by Fourth Amendment on March 31, 2010 (boomark / email).