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CA2: Being asked for consent after lawyering up was not a Fourth Amendment violation

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Plaintiff’s being asked for consent after he lawyered up was not a Fourth Amendment violation. Flynn v. James, 2013 U.S. App. LEXIS 4139 (1st Cir. February 28, 2013).* Officers had an objective basis for defendant’s probation search under California law, and his subjective intent claim fails. Defense counsel was thus not ineffective for not challenging the search. Quevedo v. Kramer, 2013 U.S. App. LEXIS 4042 (9th Cir. February 27, 2013).* Defendant pulled up and approached officers nearby a house where a DV call had been made. Alcohol on his breath justified detention. Durrance v. State, 2013 Ga. App. LEXIS 94 (February 22, 2013).*

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