· 1/29/2002
United States v. Eddie Alcarez Moreno
Citations
- 280 F.3d 898
- 2002 U.S. App. LEXIS 1223
- 2002 WL 104874
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that advising a suspect of his right to refuse consent to search is an intervening circumstance that supports the voluntariness of consent
- holding that advising a suspect of his right to refuse consent to search is an intervening circumstance that supports the voluntariness of consent
- reasoning that a considerable passage of time between the illegal stop and second consent weighed in favor of a finding of voluntariness
- noting that the officer “advised [the defendant] that he had the right to refuse to consent to the search”
- noting that \the record is replete with evidence\ that suspect voluntarily and repeatedly consented to the search
- where although the stop was found to be illegal, there was no evidence that officers made the stop with the intent to “trick defendant [ ] into consenting to a search of his vehicle.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hansen, Fenner
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.