United States v. Jose A. Garcia, United States v. Pablo H. Garcia

How courts have described this case

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

• noting that an express waiver is not required, only “a clear showing of the intention, intelligently exercised, to relinquish a known and understood right”
• explaining that the determination of a valid waiver includes examining the background, experience, and conduct of the accused
• upholding district court’s conclusion that ten to fifteen-second wait between announcement and entry complied with knock-and-announce rale in context of a drug raid involving cocaine
• rejecting the defendant’s contention that “the informant [who made the controlled buy] might have stashed cocaine elsewhere in the building out of the sight of the detective” as “strain[ing] credulity on a common-sense reading”
• approving \reasonable inference of probable cause\ based, in part, on controlled buy
• prior arrest for dealing in cocaine admissible to show intent to possess and distribute cocaine

Source: CourtListener parenthetical corpus (CC0).