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WV: When asked for consent to search his house, def said ‘F*** it. Come on.’ That was consent.

Posted on September 17, 2023 by pogowasright.org

FourthAmendment.com provides a reminder that “consent” can be expressed in various ways:

“After some discussion of his choice to voluntarily agree to a search or wait until a search warrant was obtained, petitioner left the trooper’s vehicle, saying words to the effect of ‘F*** it. Come on.’ He walked toward his house with the trooper following behind him. When the trooper asked him to slow down so that he could catch up, petitioner complied.” State v. Cody, 2023 W. Va. LEXIS 338 (Sep. 15, 2023).

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