Monday, August 08, 2011

Eighth Circuit -- United States v. Manuel Quintero

United States v. Manuel Quintero

Review of consent to search is for clear error.

Court may permissibly consider a five-hour delay in deciding to undertake search when evaluating consent (nighttime search).

Totality of circumstances can weigh against defendant-specific factors when evaluating consent.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.