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.
153941P.pdf 06/14/2017 United States v. Louis Hardison
U.S. Court of Appeals Case No: 15-3941
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Riley, Author, with Gruender, Circuit Judge, and Schreier,
District Judge]
Criminal case - Criminal law. The district court did not err in combining
the evidentiary hearing on defendant's motion to suppress with his bench
trial where defendant filed his motion on the Friday before the Monday
trial date; there was no structural error in combining the matters; at no
point did defendant ask the court to limit his testimony only to the
motion to suppress and case law expressly allows a fact finder to consider
the testimony introduced on a motion to suppress during the merits of the
case if defendant fails to object to such use; the court did not err in
denying the motion to suppress as the police could reasonably conclude
that defendant had consented to a search, and the totality of the
circumstances supported the conclusion that his consent was voluntary.