· 5/3/2004
United States v. Rosborough
Citations
- 366 F.3d 1145
- 2004 U.S. App. LEXIS 8651
- 2004 WL 938459
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant’s “detention remained consensual prior to the canine alert” because “after the canine alerted, [the defendant] affirmatively asked to terminate the encounter, undermining his claim that he felt unable to revoke his consent”
- holding a canine alert toward the passenger area of a vehicle provided probable cause to search the vehicle’s trunk as well
- concluding defendant’s consent to the search of his vehicle was voluntary where, inter alia, the officer did not ask defendant for consent to search; “to the contrary, [the defendant] himself volunteered permission to [the officer] to search his car”
- describing Nielsen as “limited to the factual scenario of an officer detecting the smell of burnt marijuana”
- facts tending to show that consent was coerced may include multiple officers, physical contact, display of weapon, or aggressive tone
- the fact defendant “affirmatively asked to terminate the encounter” after a canine alert “undermin[ed] his claim that he felt unable to revoke his consent”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, McWilliams, Lucero
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.