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Name: United States v. McWeeney
Case #: 05-10349
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/21/2006

Clarifying a rule that a request from a law enforcement agent to "look," in the proper context, is the same as a request to "search," the court held that a police officer, who received oral consent to his request to "look" in a car for anything that the defendant and the driver were "not supposed to have," did not exceed the scope of the defendant’s general consent by searching the trunk and lifting loose carpet liner. The court remanded for an evidentiary hearing as to whether the defendant and the passenger, when they turned around to watch the search…

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Name: United States v. Scott
Case #: 04-10090
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/09/2006

The appellate court withdrew an opinion and dissent filed September 9, 2005, and replaced it with an amended opinion and dissent. In the amended opinion, the court affirmed the district court’s order suppressing evidence obtained as the result of a drug test (unsupported by probable cause) by Nevada state officers and the ensuing search of the house of an individual who was on release while awaiting trial on drug possession charges. The court held that the fact that the defendant consented to the drug test and home search as a condition of his pre-trial release did not by itself render…

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Name: Georgia v. Randolph
Case #: 04-1067
Court: US Supreme Court
District USSup
Opinion Date: 03/22/2006

Randolph and his wife had separated, and the wife, Janet, moved to Canada. She had returned to the marital residence in Georgia to either reconcile or retrieve belongings. Janet gave police permission to search the residence after Randolph, who was also present, refused to give consent. The trial court denied Randolph's motion to suppress. The appellate court reversed, and the Supreme Court affirmed the reversal, holding that consent given by one occupant is not valid in the face of the refusal of another physically present occupant, distinguishing United States v. Matlock, which recognized the permissibility of…

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Name: United States v. Ruiz
Case #: 04-30516
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/07/2005

A third party's consent to the search of another's belongings is valid so long as the consenting party has either actual or apparent authority to give consent. The panel upheld the denial of a motion to suppress where a resident of the searched premises had apparent authority to consent to the search of a gun case found in the home, noting that the gun case was in plain view on a shelf in the living room and that the third-party resident gave police consent to search…

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Name: People v. Gallardo
Case #: G034390
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/15/2005
Subsequent History: rvw. den. 9/7/05

A motorist’s consent to a search of his vehicle was not vitiated by an unduly prolonged traffic stop. The defendant argued on appeal that police may not prolong a traffic stop beyond the time necessary to issue a traffic citation, that a traffic stop may not be used as a pretext to conduct a criminal investigation, that police must have a reasonable suspicion of criminal activity before requesting consent to search. The court agreed with the first proposition but summarily rejected the second argument. As to the third argument, the court rejected the defendant’s contention insofar as…

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Name: People v. Miller
Case #: G031747
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/26/2004
Subsequent History: mod. 12/6/04; revw. den. 2/16/05

Appellant contended that the evidence seized pursuant to a probation search had to be suppressed because his guilty plea was vacated, albeit after the search was conducted. The guilty plea was vacated upon appellant's motion, because he was not adequately advised concerning a registration requirement. The trial court rejected the suppression motion because there was a valid grant of probation effective on the day of the search. Appellant claimed that he did not give his advance consent to the search because his waiver was not "voluntary;" but based on a promise he would not have to register.…

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Name: United States v. Washington
Case #: 02-10526
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/02/2004

A defendant's written consent to search is not an intervening event sufficient to purge the taint of an officer's prior illegal conduct. Acting on a tip of suspected drug activity at a hotel, officers confronted the defendant in his room at the hotel and questioned him about whether he was running a drug lab in the hotel room. Officers entered the room without the defendant's consent, although he later signed a consent form authorizing a search. After finding that the defendant was not free to leave when he signed the form and that the officers had repeatedly…

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Name: People v. Hoeninghaus
Case #: H025621
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/26/2004
Subsequent History: 10/13/04 rev. den.

Police may not use a search condition to justify a warrantless search of an adult probationer if they are unaware of that condition at the time of the search. Noting that neither People v. Robles (2000) 23 Cal.4th 789 nor People v. Sanders (2003) 31 Cal.4th 318 expressly overruled In re Tyrell J. (1994) 8 Cal.4th 68 or limited its holding to juvenile probationers, the Court of Appeal nonetheless rejected the argument that a standard probation search condition implicitly constitutes advance consent to searches by law enforcement officers who are not even aware of the search condition. …

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Name: United States v. Crawford
Case #: 01-50633
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/21/2004
Subsequent History: Cert. den. 1/10/05

Officers received a report that "Ralphy Rabbit" had participated in an armed bank robbery in 1998, and believed "Ralphy Rabbit" was the alias used by appellant. They discovered that appellant was on parole, and had signed a "Fourth Waiver" which allowed searches of his residence without cause. Officers did not expect to find evidence of the robbery, which had occurred two years earlier, but intended to use the search as a pretext to speak to appellant about the robbery. The residence was searched while appellant sat on a couch. The officer attempted to engage him in…

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Name: People v. Jenkins
Case #: G032626
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/10/2004

A police encounter amounting to a "knock and talk" does not rise to the level of investigative detention requiring suspicion of criminal activity. The lower court granted the defendant’s motion to suppress evidence discovered after officers knocked on her motel room during daylight hours, asked her for identification, inquired as to her parole status, and requested permission to search the room. The appellate court reversed, finding that a suspicionless "knock and talk" was not unconstitutional. Because the trial court had granted the motion on the ground that the officers lacked reasonable suspicion that a crime had been…

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