United States v. Williams 3rd CIR (1AUG2018)

United States v. Williams 3rd CIR (1AUG2018)

Based on a suspicion that the vehicle contains drugs, Troopers make a valid traffic stop of the defendant’s vehicle and then obtain consent to search the vehicle.  After 71 minutes of searching, during which time the defendant seemed irritated and protested the length of time it was taking but never unequivocally withdrew consent, the troopers discovered 39 grams of heroin for which the defendant was being prosecuted.  The Third Circuit recognized (for the first time in that circuit) that a person has a right to withdraw consent, but held that the defendant did not effectively withdraw consent during the search notwithstanding his complaints and protests.

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