Defendant was not prejudiced by defense counsel’s failure to move to suppress his girlfriend’s written consent. He was removed from the premises on arrest, and the police had no duty under Randolph to seek consent from him. United States v. Swain, 2012 U.S. Dist. LEXIS 177193 (D. S.C. December 14, 2012). [Yes, the police can wait for their suspect to leave and then seek consent from somebody with apparent authority.]
The officer stopped defendants walking on the street because they matched the description of two men who robbed a cell phone store. His lights were one and he commanded them to stop and show their hands with his hand on his gun. That was seizure, and it was with reasonable suspicion. United States v. Brown, 2012 U.S. Dist. LEXIS 176658 (D. Mass. December 12, 2012).*
Defendant consented to a time-limited search of his cell phone. He was asked for consent, and he said he would except that he wanted the phone back that day so he could use it as an alarm clock the next morning. When asked for clarification, he reaffirmed. The search was by consent. United States v. Weisinger, 2012 U.S. Dist. LEXIS 177129 (D. Vt. December 11, 2012).*
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