Unlawful Police Home Entry: Violating Fourth Amendment Rights of House Guests | Girlfriend Apartment скачать в хорошем качестве

Unlawful Police Home Entry: Violating Fourth Amendment Rights of House Guests | Girlfriend Apartment

In Steagald v. United States, 451 U.S. 204 (1981), the Supreme Court held that, in the absence of valid consent or exigent circumstances, warrantless searches are per se unreasonable and violate the Fourth Amendment. Id. at 211, 101 S.Ct. 1642. Here, the only warrant the police possessed at the time they entered Cruz's home was an old warrant for Medina's arrest for driving a car with a suspended license. In Steagald, the Supreme Court stated that an arrest warrant for a non-resident was insufficient to authorize a search of a third party's home.Id. at 216, 101 S.Ct. 1642. Operating under the premise that the police did not have valid consent or exigent circumstances to search Cruz's home, Medina contends that the search by the HPD violated the principle stated in Steagald. What about girlfriend's consent in this case? Consent is not voluntary if it is merely the acquiescence to a claim of lawful authority. Bumper, 391 U.S. at 548-49. Moreover, "[w]here there is coercion, there cannot be consent."Id. at 550. Consent must be voluntary and courts look to several factors in order to determine whether consent was given voluntarily or through coercion. United States v. Barnett, 989 F.2d 546, 554-55 (1st Cir. 1993). Those factors include age, education, experience, intelligence, knowledge of the right to withhold consent and evidence of coercive means or inherently coercive circumstances. United States v. Corain, 198 F.3d 306, 309 (1st Cir. 1999). No one factor is determinative because the Court must examine the totality of the circumstances surrounding the purported consent. Barnett, 989 F.2d at 554-55. Read full case here: U.S. v. Medina, 451 F. Supp. 2d 262 (D. Mass. 2006), https://casetext.com/case/us-v-medina-10 Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law https://lawstache.com (619) 357-6677 Do you want to buy our Lawstache merchandise? Maybe a t-shirt? https://lawstache.com/merch/ Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101 Want to learn about our recent victories? https://lawstache.com/results-notable... If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra: *Federal Prison Guidebook (Revision 6)(2022), https://amzn.to/3N2L5nS *Federal Prison Guidebook (Revision 5)(2019), https://amzn.to/3AlYorU *Apple AirTag, https://amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf *Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y *Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q Are you are a Russian speaker? Вы говорите по-русски? https://russiansandiegoattorney.com Based in San Diego, CA Licensed: California, Nevada, and Federal Courts The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!