Jordan lamont bennett
Jordan, U. The videotape of the entire transaction has been made a part of the record on appeal. On appeal, the government contends consent was "valid, freely and voluntarily given" because none of the standard indicia of coercion accompanied Barney's polite request to search defendants' vehicle; that is, no weapons were drawn, no commands were issued, and no other officers were present. Craig, F. Although we may simply be disputing the court's choice of words, as we previously noted, there is a definite and audible response to Deputy Barney's request. The district court's finding that defendant Ellis nonetheless felt threatened because he raised his hands upon exiting the vehicle does not flow from the evidence. As we have noted already, the court also suppressed the evidence with respect to defendant Bennett under the "poisonous tree" doctrine, finding he too had been illegally detained. Brown, F. The district court concluded Deputy Barney did not have probable cause to support the issuance of the warrant. Therefore, "[e]ven if [a] defendant lacks standing to challenge the search of the car, if the initial stop was illegal, the seized contraband is subject to exclusion under the 'fruit of the poison tree' doctrine.
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The burden of proving that consent was given freely and voluntarily is always on the government. There is a definite oral response to Deputy Barney's request; however, the response is neither loud nor clear enough to understand what was said.
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Ward, F. Therefore, we conclude defendants consented to the search that preceded the issuance of the warrant, and there is no "poisonous tree" in this case.
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A corollary to the presumption in favor of good faith reliance upon warrants is that "police officers should be entitled to rely upon the probable-cause determination of a neutral magistrate when defending an attack on their good faith for either seeking or executing a warrant" particularly where, "with the benefit of hindsight and thoughtful reflection, reviewing judges still cannot agree on the sufficiency of the affidavit.
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Our conclusion leads us to consider the search which produced the evidence upon which the charges are based. Bennett does not have standing to challenge the search of the vehicle merely as a passenger or because he was charged with a possessory crime. In short, the question is whether "the officer is acting as a reasonable officer would and should act in similar circumstances.
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Citing Supreme Court precedent, the court determined because Mr. Based on that surmise, the court concluded the magistrate only could have executed an affidavit so lacking in probable cause by substituting Deputy Barney's assessment for his own independent analysis of the situation.
Ellis, not Mr.
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The court concluded Deputy Barney did not have reasonable suspicion to detain defendants beyond the initial traffic stop because he "was not aware of any inconsistency" in McKneely's documents, "was not apprised that any of the Defendants had a criminal record," and could not identify the chemical odor emanating from defendants' vehicle.
McKneely's name and that Mr. Arango, F.