United States v. Diprima

ALDRICH, Senior Judge. This is another of the flow of cases objecting to the fruits of a search and seizure where the police acted without a search warrant, but after a request for and a manifestation of consent. We pointed out as recently as Leavitt v. Howard, 1 Cir., 1972, 462 F.2d 992, 998, that to indicate consent, causing the police to forego the obtaining of a warrant, and then to object later, will offer a defendant an untoward advantage. Although the burden of proving consent is on the government, the claim that an apparent consent is not genuine must, for this reason, be carefully scrutinized.