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· 10/1/1997

UNITED STATES of America, Plaintiff-Appellee, v. Remigio CHAN-JIMENEZ, Defendant-Appellant

Citations

  • 125 F.3d 1324
  • 97 Daily Journal DAR 12477
  • 97 Cal. Daily Op. Serv. 7756
  • 1997 U.S. App. LEXIS 26947
  • 1997 WL 600644

How courts have described this case

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

  • concluding that defendant's failure to respond verbally to officer's request to search his truck supports the argument that defendant did not voluntarily consent the search
  • concluding that defendant's failure to respond verbally to officer's request to search his truck supports the argument that defendant did not voluntarily consent the search
  • holding that a seizure occurs when an officer retains a citizen’s driver’s license or registration “longer than necessary to ascertain that everything is in order, and initiates further inquiry while holding on to the needed papers”
  • holding that a Fourth Amendment seizure had occurred
  • noting that consent was not voluntary when officer’s request for permission to search was made “with one hand resting on [the officer’s] gun”
  • weighing a threat from police to take away defendant’s children in determining whether her consent to search was coerced or voluntary

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Boochever, Reinhardt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.