Tuesday, December 18, 2012

Tenth Circuit -- United States v. Jones


No per se violation of the Fourth Amendment when Missouri Police officers, thinking that they are in Missouri, effect a search in Kansas.

Deft was not seized when accosted in alley behind the house by police officers saying that they were there for the contraband.

Drug priors, a visit to a shop called "Grow Your Own," and deft's cursing when told that the police were there for the MJ plants sufficed for the Terry stop.

Police statements of investigative intent we not sufficient to make the consent to the search of the home involuntary.

Turning and walking into the house sufficiently demonstrated implied consent to the search.

Extrajuridictional acts by the police officers did not taint the warrants.

United States v. Jones
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.