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Criminal Procedure

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Rosi Lehr

2012

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Memorandum Fourth Amendment Warrantless Search Consent Exception & Request For New Trial, Rosi Lehr Jan 2012

Memorandum Fourth Amendment Warrantless Search Consent Exception & Request For New Trial, Rosi Lehr

Rosi Lehr

The court correctly held the roommate’s consent was a valid exception to the warrant requirement of the Fourth Amendment because he has common authority and voluntarily consented. The district court correctly held the Judge’s response to the Jury’s question was not improper because he has broad discretion when responding to a jury’s request. Harmless error is error that does not affect the outcome of the case and may be found when the defendant cannot show the case was prejudiced by the Judge’s response