Monday, February 28, 2005

Cops finally get a win on the 4th Amendment

From CrimProf Blog:

The Sixth Circuit held last week in U.S. v. Yoon, 03-5875, 2005 WL 427883, (and here) that once a civilian informant gains permission to enter a suspect's home and establishes probable cause that contraband is present, the informant may signal the police to enter the house as well and the police may then conduct a search. The court held that the permission given by the homeowner/suspect to the informant to enter the home constitutes "consent once removed" for the police to then search the home, even if the homeowner/suspect is not aware that the civilian is a police informant. The scope of the police search is limited to areas where the informant was granted access under the consent initially given to him, and of course, the police can seize any contraband in plain view in those areas. In so holding, the Sixth Circuit agreed with the Seventh Circuit's decision in United States v. Paul, 808 F.2d 645 (7th Cir.1986).

It's about time we got a few Search and Seizure cases in our favor! I had honestly never heard of this "consent once removed" before. I wasn't even aware that enough cops were using it that it ended up a court case. In any event, while I don't fully understand why we can have consent once removed but we can't use temperature detectors to see if people are growing marijuana, I'll take what I can get!


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