vitiated consent

1091 results for vitiated consent

  • vLex Rating
  • Peterson v. UnitedHealth Group Inc., 011519 FED8, 17-1744

    ... any conflict of interest it may have is vitiated... giving their "negative consent...

  • 901 F.3d 1042 (9th Cir. 2018), 17-30055, United States v. Schram

    ... consent), the detectives entered the residence, found Schram. inside, and ... contention that the no-contact order was vitiated by the. consent of the person whom the order barred the defendant. ...

  • The riddle of rape-by-deception and the myth of sexual autonomy.

    ...Victims of Deception Do in Fact Consent 2. Deceived Sex Is Wanted Sex 3. Lies Are Customary and Expected in Sexual ... to reject one of two venerable propositions: (i) that fraud vitiated consent; or (2) that rape was sex without consent. Some chose the first ...

  • 236 F.3d 662 (11th Cir. 2000), 99-12086, United States v Santa

    ...They removed his handcuffs and asked him to sign a written consent form written in Spanish. 6 Essentially, the agents were asking Ramirez to ... pressures for him to give the second [confession], or at least vitiated any incentive on his part to avoid self-incrimination." 422 U.S. at 605 n. ...

  • Contracts

    ... whom the offer is made) in a manner that explicitly demonstrates consent to its terms. Implied Contracts Although contracts that are implied in ...Apparent consent may be vitiated because of mistake, fraud, innocent misrepresentation, duress, or undue ...

  • Berenguela-Alvarado v. Castanos, 022520 FED11, 19-13436

    ... Berenguela-Alvarado had consented to that retention and. therefore wasn't entitled to EICB's return. ... amount to duress"-and thus presumably vitiated her. consent-it held, as a matter of fact, that "Castanos. ...

  • 776 F.2d 412 (3rd Cir. 1985), 84-3656, United States v. Sebetich

    ... of the search, claiming that his mother Audrey Dean, who signed a consent form provided to her by Officer Fleming, did not voluntarily consent to ... claim that they can obtain one, voluntariness is necessarily vitiated; indeed Schneckloth mandates consideration of all the surrounding ...

  • 532 U.S. 67 (2001), 99-936, Ferguson v. Charleston

    ... instructed the jury to find for petitioners unless they had consented to such searches. The jury found for respondents, and petitioners ...'s] failure to disclose his role as a government informant vitiated the consent that the petitioner gave" for the agent's access to evidence ...

  • 87 F.3d 647 (4th Cir. 1996), 94-5915, United States v. Lattimore

    ... court denying his motion to suppress evidence seized during a consent search of his automobile. Because we cannot conclude that the district ... scope of the traffic stop and that this illegal detention vitiated" his consent to the search. We address them in turn.        II.  \xC2"...

  • 638 F.2d 507 (2nd Cir. 1980), 80-1169, United States v. Vasquez

    ... for permission to search his house, stating that if he did not consent, the agents would search it anyway and Fernando and his family would be ... as to whether the Medinas were misinformed, and their consents vitiated.         Whether or not, in the totality of all of the ...

  • 857 F.3d 439 (1st Cir. 2017), 16-1246, United States v. Coombs

    Defendant entered a conditional guilty plea to possession with intent to distribute alpha-PHP and obstruction of justice, reserving the right to appeal the denial of four of his five motions to suppress. On appeal, Defendant challenged the district court’s denial of his four motions to suppress and claimed sentencing error. The First Circuit affirmed, holding (1) the district court did not commit

    ... consented to a search of his residence and had signed a form. to that effect. ... anxiety, depression, and bipolar disorder -- vitiated his. consent. But the record contains nothing in the way of. ...

  • 861 F.3d 1207 (11th Cir. 2017), 15-15023, United States v. Spivey

    Not all deception by law enforcement invalidates voluntary consent. Defendants pleaded guilty to several offenses related to credit card fraud and then appealed the denial of their motion to suppress evidence. The Fifth Circuit held that the district court did not clearly err in finding that one of the defendants voluntarily consented to the search because she made a strategic choice to report a...

    ... enforcement necessarily renders a suspect's consent to a. search of a home involuntary. Chenequa Austin and Eric Spivey. ... residence . . . by fraud . . . which vitiated any. consent." The district court denied the motion to. ...

  • 82 F.3d 563 (2nd Cir. 1996), 903, Lowth v. Town of Cheektowaga

    ...; 2) the plaintiff was conscious of the confinement and did not consent to it; and 3) the confinement was not otherwise privileged. See Broughton ...The authorities suggest that probable cause is not vitiated unless it becomes apparent that the charge is factually groundless." 134 ...

  • 359 U.S. 360 (1959), 278, Frank v. Maryland

    ...809] is the absolute right to refuse consent for an inspection designed and pursued solely for the protection of the ...16 Certainly, the nature of our society has not vitiated the need for inspections first thought necessary 158 years ago, nor has ...

  • 401 U.S. 745 (1971), 13, United States v. White

    ... by Government agents by means of a transmitter which an informer consented to wear during his meetings with respondent. The informer could not be ... Jackson rejected petitioner's contention that Poy's deception vitiated Lee's consent to his entry on the premises. 343 U.S. at 752. 7 343 U.S. ...

  • 724 F.3d 15 (1st Cir. 2013), 12-1203, United States v. Vazquez

    ...First, she claims that her consent to the FBI's warrantless search of her home was secured by a false claim ...Molt, 589 F.2d 1247, 1251-52 (3d Cir.1978) (consent vitiated when customs agents innocently but incorrectly asserted the legal ...

  • Recognizing Error and Fraud in the Contract of Marriage in Louisiana

    I. Introduction. II. Marriage and Annulment in Louisiana. A. The Importance of "Free Consent" in a Marriage Contract. B. The Effects of Annulment on Louisiana's Marriage Policy. 1. Same-Sex Marriage: Eliminating the Possibility of Valid Transsexual Unions. 2. Covenant Marriage: Establishing a Solid Foundation. 3. Divorce Laws: Distinguishing Between Annulment and Divorce. C. Louisiana's

    ... . After providing a brief overview of the requisite marital consent in Part II of this paper, consideration is given to the connection between ...It provides, "Consent may be vitiated by error, fraud, or duress." 53 Though the 1870 Louisiana Civil Code used ...

  • 609 F.2d 1284 (9th Cir. 1979), 79-1092, United States v. Perez-Esparza

    ... agents they were welcome to search his car and signed a written consent to that effect. A search of the car revealed cocaine concealed in a ...Thus, the deterrence rationale was not vitiated, as in Wong Sun, by a lengthy period away from police influences. Nor, for ...

  • 669 F.3d 439 (4th Cir. 2012), 11-4193, United States v. Ortiz

    ... motion on the ground that the search exceeded the scope of Ortiz's consent.          Because we conclude that the district court applied ...The court also suggested to counsel that this consent was " vitiated"\" by Trooper Decker's statement to Ortiz that he was free to leave.    \xC2"...

  • 859 F.3d 114 (1st Cir. 2017), 16-1377, United States v. Dion

    Defendant was charged with conspiracy to possess with intent to distribute and to distribute more than 1,000 grams of marijuana, among other charges. Defendant moved to suppress evidence taken from a warrantless search of his truck. The district judge denied the motion. Defendant later conditionally pled guilty, reserving his right to challenge the denial of his suppression motion. The First...

    ... revoked his consent, and both stopped searching the truck. When Blake returned to where ...He. further argues that his consent was vitiated because it was. the product of the constitutional violations as to ...

  • 389 U.S. 560 (1968), 37, Massachusetts v. Painten

    ...'s untruths -- their failure to tell respondent of their plan -- "vitiated" his consent to their entry. I might not agree with, but I could ...

  • 'Rape-adjacent': imagining legal responses to nonconsensual condom removal.

    ...Adopting the alternative, preferable theory of non-consent, this Article considers possible criminal, tort, contract, and civil ... John had not ultimately resulted in a pregnancy: the consent is vitiated because she agreed to have sex without risk of pregnancy when in fact the ...

  • 385 U.S. 293 (1966), 32, Hoffa v. United States

    ... Partin's failure to disclose his role as a government informer vitiated the consent that the petitioner gave to Partin's repeated entries into the ...

  • 50 F.3d 436 (7th Cir. 1995), 94-3359, Tyson v. Trigg

    ... simply let him go), only if the state criminal proceeding was vitiated by an infringement of one or more of a limited subset of the defendant's ... she demurred, because she was already in bed, but eventually she consented. He said he was leaving early the next day and this would be their last ...

  • 754 F.3d 272 (5th Cir. 2014), 13-30827, Bluebonnet Hotel Ventures, L.L.C. v. Wells Fargo Bank, N.A.

    ...        Under Louisiana law, " [a] contract is formed by the consent of the parties[.]" La. Civ. Code art. 1927. However, a party's consent may be vitiated by, and a contract rescinded upon, error. La. Civ. Code art. 1948. " Error ...