Tag Archives: consent

Criminal Practice – Search & Seizure – Consent – Involuntary – Exit Blocked (access required)

U.S. v. Jones (Lawyers Weekly No. 12-01-0516, 19 pp.) (Motz, J.) No. 11-4268, May 10, 2012; USDC at Richmond, Va. (Payne, J.) 4th Cir. Holding: Police in a high-crime area who followed a car with four African-American occupants and out-of-state tags onto private property and blocked the car’s exit, then questioned the driver and asked him to lift his shirt and consent to a pat-down, violated the driver’s Fourth Amendment rights, and the 4th Circuit reverses the district court’s refusal to suppress a firearm and marijuana found by police.

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Criminal Practice – Search & Seizure – Traffic Stop – Vehicle Search — Consent (access required)

U.S. v. Ortiz The 4th Circuit offers a refresher course in assessing “probable cause” and reverses a district court order suppressing drugs found in a secret compartment of defendant’s car because the district court applied the wrong standards for determining whether police had defendant’s consent to search the vehicle and whether there was probable cause to search it.

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Criminal Practice – Murder & Armed Robbery – Theft of Gun – Malice – Constitutional – Confrontation Clause – Search & Seizure – Consent (access required)

State v. McMillan Since defendant’s theft and use of the victim’s gun occurred in a continuous transaction, defendant could be convicted of armed robbery based on his use of the gun he stole. We find no error in defendant’s convictions of one count each of felony murder, second-degree murder, and robbery with a dangerous weapon.

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