This case is relevant to both the prosecution and the defense. And not just on cross-examination, but also on direct.
On defense claim that the defendant did not affirmatively consent but only “acquiesced” to the search, defense counsel’s use of the word “acquiesced” in cross-examining the officer was inadmissible under FRE 701 for attempting to force the officer to adopt a legal conclusion, in United States v. Canipe, __ F.3d __ (6th Cir. June 30, 2009) (No. 08-5534).