United States v. Timothy D. Wilburn, Sr.

How courts have described this case

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

• declining to apply exception to defendant who was lawfully arrested and placed in back seat of police car, forty feet from where defendant=s girlfriend consented to search of their apartment
• finding valid third-party consent where potential objector was kept in squad car 40 feet from residence because “the police were not obligated to bring [him] to [the consenting party] so he could be a party to the discussion regarding consent”
• “Wilburn was validly arrested ... and he was lawfully kept in place — the back seat of a squad car — where people under arrest are usually held.”
• because police had third-party consent to search a room for a gun, they could properly look inside an unlocked duffel bag located in the room
• “Wilburn was validly arrested . . . and he was lawfully kept in place—the back seat of a squad car—where people under arrest are usually held.”
• con- cluding that the case did not fall within the narrow line of Randolph where the defendant was not physically present when consent was obtained and he was not removed “from the area to avoid hearing him invoke an objection to the search”

Source: CourtListener parenthetical corpus (CC0).