· 10/3/2007
United States v. Delancy
Citations
- 502 F.3d 1297
- 2007 WL 2846403
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- examining the purpose and flagrancy prong in a third-party consent case in terms of whether the police misconduct was “made for the purpose of gaining consent”
- officers impermissibly uncovered gun in couch after protective sweep prior to placing defendant on couch and before obtaining valid consent from individual not in handcuffs
- no coercion because the plaintiff was not threatened with violence or removal of her children
- clear error review of district court’s factual findings, and de novo review of the court’s application of our law to those facts
- deter- mining that the defendant who did not object was not cov- ered by Randolph even though the defendant possibly con- sidered objection futile
- “[W]hen, acting in good faith, police obtain the knowing, intelligent, and voluntary consent of a third party without exploiting their unlawful [conduct] in any way, the purposes of the exclusionary rule would not be served by excluding valuable evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Marcus, Proctor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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