Matter of Koska v. Koska

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that consent to search was not freely given to two officers but was \merely a response conveying an expression of futility in resistance to authority or acquiescing in the officers' request\
• holding that suspect’s response to airport police when asked for consent to search luggage, ‘You’ve got the badge, I guess you can,” was not unequivocal statement of free and voluntary consent, but acquiescence and expression of futility in resistance to authority
• finding that when a suspect responded to a request to search with the phrase “[Y]ou’ve got the badge, I guess you can,” the suspect was merely expressing futility and acquiescence, rather than consent
• requiring proof by “clear and positive testimony” that the asserted consent was “voluntary” and “unequivocally, specifically, and intelligently given”
• finding district court did not clearly err in finding consent was involuntary when defendant said only, “You’ve got the badge, I guess you can”
• finding lack of voluntary consent where defendant stated he “guess[ed]”officers could search because they had a badge

Source: CourtListener parenthetical corpus (CC0).