DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082824P.pdf 04/28/2009 United States v. Alphonso Barnum
U.S. Court of Appeals Case No: 08-2824
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Gruender, Author, with Bye, Circuit Judge, and Kays,
District Judge]
Criminal case - criminal law. District court did not clearly err in
finding that the totality of the circumstances demonstrated that the
officer conducting the search of defendant's car reasonably believed
defendant had voluntarily consented to the search of his person and
vehicle; considering all of the factors set out in Brown v. Illinois,
422 U.S. 590 (1975), the district court did not err in finding that
defendant's voluntary consent to the searches purged the taint of any
Fourth Amendment violation arising from the traffic stop. Judge Bye,
dissenting on the issue of whether the consent purged the taint of
Fourth Amendment violation.