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· 2/20/2004

United States v. Elvis A. Garrido-Santana

Citations

  • 360 F.3d 565
  • 2004 U.S. App. LEXIS 2970
  • 2004 WL 316038

How courts have described this case

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

  • holding that an officer who obtained -8- Case Nos. 19-1496/1498/2050, United States v. Garcia, et al. defendant’s unconditional consent to search his vehicle did not exceed the scope of consent by searching and seizing narcotics in the vehicle’s gas tank
  • holding search of a gas tank fell within scope of suspect’s consent when he knew officers were searching for drugs
  • noting that “although defendant had the opportunity to do so, he never objected to the officers’ search of the gas tank and, thus, neither clarified that the scope of his sweeping consent excluded such a search nor revoked his consent”
  • rejecting defendant’s contention that reasonable suspicion was necessary to continue to detain driver after valid stop for speeding in order to complete computer check of driver’s license even though citation for speeding had already been issued
  • upholding the search of a car’s gas tank as within the scope of general consent when the officer testified that an easily accessible gas tank was a “well-known” hiding spot for narcotics and the search did not damage the car
  • doctrine of specialty not violated where sentencing court used defendant’s failure to appear to enhance his sentence under USSG § 3C1.1

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Martin, Moore

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.