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· 4/30/2004

United States v. Dagoberto Servero Cedano-Medina

Citations

  • 366 F.3d 682
  • 2004 U.S. App. LEXIS 8527
  • 2004 WL 912188

How courts have described this case

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

  • concluding that it was reasonable for an officer to believe that, after several attempts, “Cedano-Medina eventually came around to understanding his questions about searching the truck”
  • emphasizing that the officer and suspect “convers[ed] without difficulty for a very substantial portion of their conversation”
  • noting that the suspect’s “nonchalant attitude” during the search supported a finding that he consented to the search
  • explaining that a “warrantless search is valid if conducted [based on] knowing and voluntary consent” (quotation marks omitted)
  • stating that “a person can render a search legal by behaving in a way that would cause a reasonable person to believe that he or she has knowingly and voluntarily consented, whether or not the person actually intends to consent”
  • affirming denial of suppression motion and noting that while the appellate court may have had concerns with the evidence if it were reviewing the case in the first instance, the district court’s conclusion was not clearly erroneous

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Hansen, Smith

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.