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Statement of location of gun and that a shovel would be needed to retrieve it indicated consent

By John Wesley Hall, Jr.

"Viewed objectively, Keiper's statement concerning the firearm's presence under the porch and the need for a shovel to retrieve it, and her later indication of which tire the firearm was in and her request that the officers return it to Larry, communicated not merely a statement of the firearm's present location, but also her voluntary consent to its removal." United States v. Keiper, 2008 U.S. Dist. LEXIS 80710 (D. Maine September 30, 2008).* Defendant was an overnight guest at a couple's house. The lady of the house could consent to a search of the entire premises, including the room that defendant was staying in. United States v. Oswalt, 2008 U.S. Dist. LEXIS 80564 (S.D. Ind. October 10, 2008).*

Full post as published by Fourth Amendment on October 15, 2008 (boomark / email).