vitiated consent

997 results for vitiated consent

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

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

  • 301 F.3d 669 (6th Cir. 2002), 00-5079, U.S. v. Haynes

    ... ten or fifteen minutes later, the Chief of Police informed George that Haynes had given consent to search his vehicle. George denied any knowledge of an officer entering Haynes' car until he was ...; that Haynes' consented to the second search; that the consent for the second search vitiated the first bad search; and, that exigent circumstances also justified the search of Haynes' car. If ...

  • 376 F.3d 33 (1st Cir. 2004), 01-2565, United States v. Toribio-Lugo

    ...Id. at 253-54. Second, he concluded that the appellant had, in all events, consented to the declaration of a mistrial. Id. at 254-55. This appeal followed.         II. ... Double Jeopardy Clause are at most a series of personal defenses, so they may be waived or vitiated by consent. Id. at 607; United States v. DiPietro, 936 F.2d 6, 9 (1st Cir. 1991). This brings us to ...

  • 368 F.3d 747 (7th Cir. 2004), 03-1530, Hadley v. Williams

    ...Limares, 269 F.3d 794, 799 (7th Cir. 2001). But there are exceptions, such as consent by either the owner of the home or the arrested person himself. Illinois v. Rodriguez, 497 U.S. ... not be broad enough to cover what the police wanted to search for or seize), consent is vitiated: vitiated not only by the claim of the police to have a warrant--as long as Hadley's mother ...

  • Our antitotalitarian Constitution and the right to identity.

    ..." who will always be a "boy" and placing her in a male prison facility; moreover, the State vitiated her ability to present her body as female by discontinuing her feminizing hormone treatments. Thus, .... The government occupies the lives of trans* people by defining gender without their consent. While not as visibly affirmative as Sparta's communal child-rearing indoctrination program, (140) ...

  • 864 F.3d 1154 (10th Cir. 2017), 16-3014, Harte v. Board of Commissioners of County of Johnson

    ... So.2d 292, 294 (Fla.Dist.Ct.App. 1980) (" Because the. negative field tests vitiated the existence of probable cause. and the appellant withdrew his consent, the detectives'. ...

  • Harte v. The Board of Commissioners of County of Johnson, 072517 FED10, 16-3014

    ...Dist. Ct. App. 1980) ("Because the negative field tests vitiated. the existence of probable cause and the appellant withdrew. his consent, the ...

  • 988 F.2d 1397 (5th Cir. 1993), 92-3119, Illinois Cent. Gulf R. Co. v. R.R. Land, Inc.

    ... every defendant in a case alleging mutual error denies the error; otherwise he would have consented to an extrajudicial act of correction and there would have been no lawsuit". Collins v. ... that appellant is liable on guaranty because he failed to prove a misrepresentation vitiated consent; court refers to contractual negligence to bolster its conclusion; appellant did not plead ...

  • 851 F.2d 334 (Fed. Cir. 1988), 87-1607, Glopak Corp. v. United States

    ... claim surprise or lack of consent. Glopak had encountered a similar EPA clause in a previous contract with the GSA and SBA, and ... the terms of the contract, it has failed to point to some type of oppression, surprise or vitiated" consent necessary for this court to deny enforcement.         Id. at 102-03.       \xC2"...

  • 197 F.3d 1223 (8th Cir. 1999), 99-2158, United States v Garcia

    ...Bustamonte, 412 U.S. 218, 243 (1973). "One's consent to a search is voluntary if it results from 'an essentially free and unconstrained choice' rather ... the officers "knew or should have known of this language barrier, and that this barrier vitiated [his] consent to the luggage search," in Sanchez. 156 F.3d at 877, 878; see also Galvan-Muro, 141 ...

  • 569 F.3d 597 (6th Cir. 2009), 08-5534, United States v. Canipe

    ... unreasonable searches and seizures because his detention was unreasonable, he did not consent to the search of his vehicle, the search exceeded the scope of his alleged consent, and his ...Dunson, 940 F.2d 989, 994 (6th Cir.1991)), and " this consent is not vitiated merely because the valid suspicion of wrongdoing for which an individual has been stopped proves to ...

  • 669 F.3d 585 (5th Cir. 2012), 10-40835, Sama v. Hannigan

    ... constitutional rights were violated when her ovary and lymph nodes were removed without her consent during a radical hysterectomy. The district court granted summary judgment in favor of the ... seek to counter the majority opinion's assumption that the right to refuse consent can be vitiated...

  • 8 F.3d 1174 (7th Cir. 1993), 92-1520, McGann v. Northeast Illinois Regional Commuter R.R. Corp.

    ... that the plaintiffs were not forced to remain in the parking lot and that the plaintiffs consented to the search. Because we conclude that there are genuine issues of fact precluding summary ...denied, 485 U.S. 904, 108 S.Ct. 1075, 99 L.Ed.2d 234 (1988) (implied consent vitiated when premised on unconstitutional regulations). Further, it is not clear from the fact that the ...

  • 85 F.3d 1184 (6th Cir. 1996), 95-3242, United States v. Caicedo

    ... the backpack in the front seat was his, whereupon Officer Mercado obtained Caicedo's consent to search the backpack. At some point, Mercado conducted a pat-down search of Caicedo. The pat-down ... Caicedo was unlawfully seized before he gave consent to search the backpack, the seizure vitiated that consent. Florida v. Royer, 460 U.S. 491, 501, 103 S.Ct. 1319, 1326, 75 L.Ed.2d 229 (1983) ...

  • United States v. Noe, 081309 FED3, 08-3378

    ...Williams told the agents that she would not consent to them entering her home because it was "too messy," but instead offered to enter her home on her ...Under such circumstances, consent might be vitiated where probable cause to support the issuance of a warrant is, in fact, lacking.4 See id. at 424. ...

  • Theofel v. Farey-Jones, 082803 FED9, 02-15742

    ...It held that this consent was not coerced, because the subpoena itself informed Net- Gate of its right to object. Plaintiffs ... See Prosser & Keeton § 18, at 119 (consent likely vitiated where defendants "ought to have known in the exercise of reasonable care" of the mistake). 2 . ...

  • 999 F.2d 7 (1st Cir. 1993), 92-2171, United States v. De Los Santos Ferrer

    ... to open the suitcases, stating that he would obtain a search warrant if she did not consent. De Los Santos Ferrer again denied ownership, telling Agent Nieves that she could not consent to a ... purposes without a warrant, violated the Fourth Amendment, and its use to secure consent vitiated the consent. Second, the court found that the disclaimer and the consent were involuntary because ...

  • 751 F.2d 750 (5th Cir. 1985), 83-3504, McCarty Corp. v. Pullman-Kellogg, Div. of Pullman, Inc.

    ...Under Louisiana law, a contract is created only when there is mutual understanding and consent to the agreement. Consent to contract may be vitiated if fraud, error, violence or threats induce ...

  • 108 F.3d 684 (7th Cir. 1997), 95-1549, United States v. Jerez

    ..., stated that the reason for returning was that the deputies "hope[d they] could get a consent search" by knocking on the door of Mr. Solis' motel room. Tr. at 34. Because Mr. Solis' car was no ...at 605, 95 S.Ct. at 2262. 12 In concluding that the illegal seizure in this case vitiated the appellants' subsequent consent, we follow the strong body of case law in our circuit, as well ...

  • 659 F.3d 316 (4th Cir. 2011), 10-1788, Capital One Financial Corp., and Subsidiaries v. C.I.R.

    ...           To change accounting methods, a taxpayer must first obtain the consent of the Secretary. See I.R.C. § 446(e) (a taxpayer who intends to change his method of ...Had COB received consent to treat late-fee income as OID, that consent would have been vitiated by continued use of the current-inclusion method. Treatment of a material item consistently in two ...

  • 531 F.3d 99 (1st Cir. 2008), 07-1826, United States v. Novak

    ... has not raised a Sixth Amendment challenge, and for Fourth Amendment purposes, his client consented to the monitoring of his calls. On these narrow facts, we reverse the determination of the district ...We thus find no reason to believe that Holyoke's consent was . . vitiated by the prison officials' failure to abide by the applicable regulations. .           ...

  • 927 F.2d 611 (9th Cir. 1991), 90-50152, U.S. v. Herrera

    ...         MEMORANDUM [*].         Defendant argues that the consent to search her purse and her second residence was the fruit of an unlawful arrest. See United States ...         The unlawful detention vitiated her subsequent consents to search her purse and her second residence. Because she was convicted on ...

  • 110 F.3d 431 (7th Cir. 1997), 96-2403, Pierce v. Atchison Topeka and Santa Fe Ry. Co.

    ... suit, the burden rests on the plaintiff to challenge specifically his voluntary and knowing consent to the release." Id. at 572. We noted that, although "the court instructed the jury that Santa Fe ... is minimized by requiring the employee to produce specific evidence of factors that vitiated his consent to the release.         This conclusion is consistent with the language of our ...

  • 359 F.3d 194 (3rd Cir. 2004), 01-1629, United States v. Lee

    ... warrant authorizing the installation or use of the equipment but instead relied on Beavers' consent. The government agents located in the room next to Lee's suite were instructed to monitor activity ...Hoffa argued that Partin's failure to disclose that he was "a government informer vitiated the consent that [Hoffa] gave to Partin's repeated entries into the [hotel] suite, and that by ...

  • 166 F.3d 349 (10th Cir. 1998), 97-4111, U.S. v. Shayesteh

    ...Shayesteh testified at one of the hearings. The gist of his testimony was that he did not consent to the search and only did as he was ordered. He denied that the dog alerted. He described the ... other law enforcement officials gather, the trooper created a coercive environment that vitiated any consent. However, Mr. Shayesteh volunteered to allow the trooper to look in the trunk before ...