· 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 CourtListenerSourced 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.