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7th Circuit affirms residential search based on ‘nonverbal cues’

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A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.

In United States of America v. Terry L. Sabo, 12-2700, Sabo appealed the denial of his motion to suppress evidence gathered in a search of his trailer that resulted in his guilty plea in U.S. District Court for the Northern District of Indiana on charges of possession with the intent to distribute a controlled substance, possession of a firearm in the furtherance of a drug trafficking crime, and being a convicted felon in possession of a firearm.

Sabo stepped back after authorities asked if they could come inside his trailer and talk with him, implying consent, the court ruled.

"We have recently noted that ‘this court, on more than one occasion, has found that the act of opening a door and stepping back to allow entry is sufficient to demonstrate consent,’” Judge David Hamilton wrote. “We make the same finding here — Sabo’s nonverbal cue manifested his implied consent for (Detective Donald) McCune to enter.”

 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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