· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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