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· 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 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.