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Tenth Circuit· 11/9/2005

United States v. Sims

Citations

  • 428 F.3d 945
  • 2005 U.S. App. LEXIS 24143
  • 2005 WL 2995589

How courts have described this case

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

  • affirming “the district court’s ruling that the warrants here were based on probable cause without regard to the prior warrantless searches”
  • “When a warrant is tainted by some unconstitutionally obtained information, we nonetheless uphold the warrant if there was probable cause absent that information.”
  • “Knowledge and belief are very different mental states; knowledge implies a much higher degree of certainty.”
  • “[T]he district court found no evidence that the police had attempted to exploit any of his vulnerabilities.”
  • hold- ing that a defendant disqualifies himself from receiving an acceptance of responsibility reduction by exercising his right to trial and contest- ing his factual guilt
  • “[T]he most troubling issue is whether, given Sims’s mental condition, his consent was nonetheless the ‘product of a rational intellect and a free will’ and made with a ‘mental awareness so that the act of consent was that of one who knew what he was doing.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ebel, Baldock, Hartz

Read full opinion on CourtListener

Cited by

75 cases in this archive cite this case; the 20 most cited are listed.

Cites

61 cases in this archive are cited by this case; the 20 most cited are listed.

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