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.
183071P.pdf 04/29/2020 United States v. Adan Garcia-Garcia
U.S. Court of Appeals Case No: 18-3071
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Kelly and Erickson, Circuit Judges]
Criminal case - Criminal law. Substantial evidence supported the district
court's determination that defendant understood the police officer's
request to search "uno bolsa" to mean a request to search his checked bag,
especially in light of the video of the encounter, which shows the officer
clarified any confusion as to which bag was the subject of the request: a
reasonable officer would expect a Spanish speaker to understand the
question "permite?" as requesting consent to search that bag and would
have interpreted defendant's physical actions as consistent with his prior
oral consent to the search; the record supported the district court's
conclusion that defendant voluntarily consented to the search; evidence
seized from the bag was admissible. Judge Kelly, dissenting.