· 6/5/1996
United States v. Stephen L. Shlater
Citations
- 85 F.3d 1251
- 44 Fed. R. Serv. 899
- 1996 U.S. App. LEXIS 13397
- 1996 WL 295210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the consent to search was not a custodial interrogation triggering the previously invoked Miranda right to counsel”
- consent to search home not interrogation under Miranda, even though defendant’s consent provided after request for attorney pursuant to Fifth Amendment
- “Consent searches are valid only if the consent was freely and voluntarily given.”
- cit- ing United States v. Smith, 3 F.3d 1088, 1098 (7th Cir. 1993) (collect- ing cases adopting rule)
- individual had told the police about the evidence at his house at the time of his apprehension — before he invoked his right to counsel and consented to the search of the house
- requests for consent to search do not constitute interrogation under Innis stan- dard
Source: CourtListener parenthetical corpus (CC0).
Judges: Eschbach, Coffey, Evans
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.