· 11/25/1987
United States v. Jose Crespo
Citations
- 834 F.2d 267
- 1987 U.S. App. LEXIS 15599
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defendant had validly consented to search even though defendant was under arrest and in custody, was handcuffed, and had not been told that he could refuse to consent
- noting that the voluntariness of consent must be evaluated and being under arrest “or even handcuffed, does not as a matter of law require a finding of coercion”
- finding valid consent to search even where defendant was under arrest, handcuffed, and not told of his right to refuse consent
- finding Santana inapplicable where apartment door was opened halfway in response to DEA agents’ demand, and defendant was not exposed to public view as if outside
- for narcotics traffickers, possession of firearms is as common as possession of drug paraphernalia
- consent invalid where agents displayed weapons and kicked the door
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Oakes, Kearse
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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