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· 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 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.