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· 7/18/2005

United States v. Curtis Barnett

Citations

  • 415 F.3d 690
  • 2005 U.S. App. LEXIS 14432
  • 2005 WL 1661539

How courts have described this case

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

  • holding that a defendant waived his Fourth Amendment rights as a condition of probation, and explaining that the defendant preferred to “experience the lesser restraint of probation” over “serv[ing] a prison sentence”
  • explaining that plea agreement should not be interpreted in manner that would produce result the parties were unlikely to have agreed to
  • explaining that probationer is free to waive constitutional rights in exchange for privilege of living outside prison so long as waiver is knowing and intelligent
  • declaring that a choice between accepting probation as a term of a plea bargain is more valuable than the risk of going to prison following a trial
  • finding waiver of Fourth Amendment rights by agreement to prospective warrantless searches as a term of probation
  • “Nothing in the Fourth Amendment’s language, background, or purpose would have justified forcing Barnett to serve a prison sentence rather than to experience the lesser restraint of probation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Coffey, Kanne

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.