vitiated consent

1010 results for vitiated consent

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  • 982 F.2d 1186 (8th Cir. 1992), 91-2096, United States v. Hawthorne

    ...-fold argument: (1) there was an insufficient basis for the police detention; (2) he did not consent" to the search of his bag, and (3) if he did consent, it was involuntary. We affirm.        \xC2"...Nor were the circumstances so inherently coercive that they vitiated Hawthorne's consent--Hawthorne was not handcuffed and was sitting in a car with the door open; the ...

  • 352 F.3d 254 (5th Cir. 2003), 02-31029, American Intern. Specialty Lines Ins. Co. v. Canal Indem. Co.

    ...CIV.CODE ANN. arts. 10, 12).         Article 1949 provides that "[e]rror vitiates consent only when it concerns a cause without which an obligation would not have been incurred and that ...As there was no contract to be vitiated by a vice of consent, this article provocur no recourse to AISLIC against Canal for a payment made ...

  • 917 F.2d 1307 (9th Cir. 1990), 90-30041, U.S. v. Miles

    ...Both consented, and a search revealed a suitcase containing $810 in cash, a few articles of clothing, and a ...Royer involved an illegal detention, unsupported by probable cause to arrest, which vitiated the defendant's consent to the search of his suitcase. Accordingly, the Supreme Court concluded ...

  • United States v. Jimenez-Valenia, 033011 FED10, 10-4039

    ... from Jimenez, he turned and asked for permission to ask "a few more questions." Jimenez consented. Withers asked if Jimenez had anything illegal in the car. Jimenez indicated that he did not. ...2006). McWeeny concluded that general consent to search a vehicle may have been vitiated when a police officer handcuffed a suspect and ordered him to turn away from the vehicle, rendering ...

  • 750 F.2d 307 (5th Cir. 1984), 83-4550, United States v. Webster

    ...In the meantime, Hartwell had consented to a search of his room, which was located at the same hotel. Both searches turned up evidence ...Fullilove's silence about the true nature of the trip to the sheriff's office vitiated Royalston's consent. Cf. United States v. Tweel, 550 F.2d 297 (5th Cir.1977) (consent induced by ...

  • 775 F.2d 280 (Fed. Cir. 1985), 85-1957, McClary v. United States

    ...United States, 217 Ct.Cl. 24, 26 (1978).         The complaint alleges that any consent by McClary was vitiated through force and coercion by the agency. If appellant was in fact coerced, ...

  • Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds

    The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is adopting a final rule to implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''), which contains certain prohibitions and restrictions on the ability of a banking entity and nonbank financial company supervised by the Board of Governors of the Federal Reserve System (the

    ... the completion of such transaction the capacity in which he is acting and obtaining the consent of the client to such transaction.''). See also Form ADV, the form used by investment advisers to ... of the Dodd-Frank Act and existing banking laws and regulations would be undermined or vitiated by a reading that restricts investments in these types of corporate vehicles and structures.\1689\. ...

  • 711 F.2d 458 (1st Cir. 1983), 82-1731, United States v. Manchester

    ... standard to the present case, the Court finds that Manchester was seized prior to his consenting to the search of the canvas bag he was carrying.         The agents' initial approach and ... that the circumstances surrounding his being stopped were so inherently coercive that they vitiated Manchester's consent. Rather, we find that Manchester was involved in what this Court has termed an ...

  • 827 F.2d 23 (7th Cir. 1987), 85-2393, Serpas v. Schmidt

    ... also challenged the Board's policy of granting them occupation licenses only upon their consent to these searches. The defendants argued that the plaintiffs lack a legitimate expectation of ...Thus, the validity of the employees' consent was vitiated by the fact that it was premised on the existence of the otherwise unauthorized and ...

  • Water Craft Management, L.L.C. v. Mercury Marine, 020111 FED5, 10-30005

    ... contract, the court would have found the representations fraudulent and then, Water Craft's consent to the first SSA would have been "vitiated, rendering the agreement null.".          In ...

  • 956 F.2d 924 (9th Cir. 1992), 89-50507, United States v. Carbajal

    ...         Two. The district court erred in determining that Katilleen Pyne consented to the search of her residence.         Three. The district court erred in ruling that the ...--which was not negated--further indicates that any consent she may have given was vitiated by the coercive and terrifying tactics the police used in seizing Pyne and her children. Pyne ...

  • 31 F.3d 153 (4th Cir. 1994), 93-5818, United States v. Harris

    ...The officers then asked Harris if they could search the room and Harris consented. Several additional officers then entered the room to assist.         During the search, 2 ...' actions, when considered in their entirety, constituted an illegal seizure of him that vitiated the voluntariness of his consent. "In determining whether a person has been 'seized,' the issue is ...

  • 749 F.2d 292 (5th Cir. 1985), 83-4722, United States v. Davis

    ..., contending that they were obtained in a warrantless search of his house and that any consent to search was invalid as having been obtained by deceit and trickery. After an evidentiary hearing, ... concluded that the officers did not fulfill this obligation and that Davis' consent was vitiated by the officers' misrepresentation of the nature and scope of their search.         THE ...

  • 473 F.2d 139 (D.C. Cir. 1972), 71-1250, United States v. Sheard

    ...If, however, there was neither consent to entry nor § 3109 compliance, the latter two issues become irrelevant and the conviction must be ... a facial claim of consent, the police conduct in gaining entry to appellant's apartment vitiated that facial consent. The record makes quite clear that the purpose of Officers Shuler and Jones in ...

  • 851 F.2d 54 (2nd Cir. 1988), 1123, United States v. Arango-Correa

    ...Defendant Arango-Correa separately contends that his consent to a warrantless search of his home was obtained in violation of his fourth amendment rights. For ... of his apartment should have been suppressed, Arango-Correa argues that his consent was vitiated by the fact that he was in custody for five hours before he consented to the search. Arango-Correa ...

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

    ...383. The argument is that 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 suite, and that, by ...

  • 608 F.2d 147 (5th Cir. 1979), 78-5621, United States v. Metz

    ...After searching the woman for weapons, the agents searched the car with consent of the woman, who was appellant Metz's wife. The agents found no contraband but nonetheless ...The inefficacious and dilatory efforts to gain Mrs. Metz's voluntary cooperation vitiated any consent the agents may have sought. See Schneckloth v. Bustamonte, 412 U.S. 218, 248-49, 93 ...

  • 215 F.3d 1328 (6th Cir. 2000), 98-6083, U.S. v. Shanu

    ...The officer than requested the driver's permission to search the vehicle. The driver consented to a search of the vehicle. During the search the occupants of the car, including the defendant, ..."[C]onsent is not vitiated merely because the valid suspicion of wrongdoing for which an individual has been stopped proves to ...

  • 316 F.3d 40 (1st Cir. 2003), 01-1969, U.S. v. Hornbecker

    ...Hornbecker acknowledges that he voluntarily signed a consent-to-search form approximately 23 minutes after he was stopped, but argues that the ensuing search ... in the federal case, contending that his eventual written consent to the search was vitiated by the fact that Rugen began violating his Fourth Amendment rights at around 8:02 p.m., when Rugen ...

  • The Search Interest in Contract

    Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have...

    ... 23 In fact, normal contracting behavior is so one-sided that we have stretched concepts of consent beyond any reasonable meaning of the term. 24 Further, we routinely compensate parties for ...Consent is not vitiated merely because it is premised on the consenting parties' accurate self-assessment of limited ...

  • 885 F.2d 1076 (3rd Cir. 1989), 88-3652, United States v. Velasquez

    ...." Because he detected a Spanish accent in Velasquez's voice, Durnan produced a written "Consent to Search" form in Spanish. He completed the form, explained it to Velasquez, and asked her to read ...'s statements, we do not think that her will was overcome or her capacity for self-control vitiated. 11 Moreover, as in Frazier, all the other factors point towards voluntariness. Considering the ...

  • 501 F.2d 447 (7th Cir. 1974), 73-1863, United States v. Skelley

    ...Extending the rule, courts have held that an indictment cannot be amended even with the consent of the defendant. See, e.g. Carney v. United States, 163 F.2d 784 (9th Cir. 1947), cert. denied, ...'s claim that his consent was given while he was under the influence of drugs and was thus vitiated, and that without consent the search was unreasonable and unlawful. In argument to this Court, ...

  • 103 F.3d 1475 (9th Cir. 1996), 95-10525, United States v. Bramble

    ...At the invitation of the federal agents but without Bramble's consent, Officer James Weller, of the Hawaii Department of Land and Natural Resources, and Officer Robert ...First, he contends that his consent to the undercover agents' entry into his home was vitiated when, in response to Bramble's direct question, they denied that they were police officers. Second, ...

  • 359 F.3d 777 (5th Cir. 2004), 02-30978, Houston Exploration Co. v. Halliburton Energy Services, Inc.

    ...Without Hileman's consent to the indemnity provision, Halliburton would not have performed the service THEC readily admits ... argument: (1) there was no consent to the object of the contract; (2) the agreement is vitiated due to error; (3) the agreement impermissibly attempts to renounce the warranty of workmanlike ...

  • 259 F.3d 522 (6th Cir. 2001), 99-6549/6550, United States v Heath

    ...at 103.) Upon receiving the prosecutor's consent, the officers placed Heath in a police vehicle and proceeded to transport him to the apartment ...         The government argues that Horton's consent to search the apartment vitiated any illegal conduct that might have preceded the officers' discovery of the drugs. Accordingly, we ...