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.
103280P.pdf 08/08/2011 United States v. Manuel Quintero
U.S. Court of Appeals Case No: 10-3280
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Bye, Author, with Wollman and Shepherd, Circuit Judges]
Criminal case - Criminal law. The district court's finding with respect to
the voluntariness of a consent to a search is reviewed for clear error;
rousting defendant from bed at night helped create a more coercive
atmosphere, and the district court did not err in considering this fact in
its "voluntariness" analysis; the court considered the factors the government
argued supported its claim that the consent was voluntary and did not err
in finding coercive factors outweighed the factors supporting
voluntariness.