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Tag Archives: Consent

Criminal Practice – Search & Seizure – Consent – Involuntary – Exit Blocked (access required)

U.S. v. Jones Police in a high-crime area who followed a car with four African-American occupants and out-of-state tags onto private property and blocked the car’s exit, then questioned the driver and asked him to lift his shirt and consent to a pat-down, violated the driver’s Fourth Amendment rights, and the 4th Circuit reverses the district court’s refusal to suppress a firearm and marijuana found by police.

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Domestic Relations – Adoption – Foster Children – Five Siblings – Youngest’s Adoption – Standing – Consent (access required)

Youngblood v. South Carolina Department of Social Services Where petitioners administratively challenged their foster child’s removal from their home and asked to adopt the child before the Department of Social Services found a home willing to adopt all five siblings, DSS’s denial of consent to adopt gives petitioners standing to petition the family court for the child’s adoption.

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Domestic Relations – Adoption – Foster Children – Five Siblings – Youngest’s Adoption – Standing – Consent (access required)

Youngblood v. South Carolina Department of Social Services Where petitioners administratively challenged their foster child’s removal from their home and asked to adopt the child before the Department of Social Services found a home willing to adopt all five siblings, DSS’s denial of consent to adopt gives petitioners standing to petition the family court for the child’s adoption.

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Criminal Practice – Search & Seizure – Traffic Stop – Vehicle Search — Consent (access required)

U.S. v. Ortiz The 4th Circuit offers a refresher course in assessing “probable cause” and reverses a district court order suppressing drugs found in a secret compartment of defendant’s car because the district court applied the wrong standards for determining whether police had defendant’s consent to search the vehicle and whether there was probable cause to search it.

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