[DOWNLOAD] "United States v. Quezada" by United States Court of Appeals for the Fourth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Quezada
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant Juan Antonio Quezada was convicted of distributing cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 and of travelling in interstate commerce in aid of racketeering in violation of 18 U.S.C. § 1952(a)(3). Appellant argues that the district court erred in concluding that his consent to the search of his hotel room was voluntary and in denying his motions for a judgment of acquittal based on the alleged insufficiency of the evidence. The district court's finding that appellant's consent was voluntary must be affirmed unless it is clearly erroneous. United States v. Mendenhall, 446 U.S. 544, 558 (1980). Whether consent is voluntary is determined on the basis of the totality of the circumstances surrounding the giving of consent. Schneckloth v. Bustamonte, 412 U.S. 218, 226 (1973). Moreover, a court's evaluation of the totality of the circumstances is based, not on the perceptions of the individual searched, but on the coerciveness of the officer's conduct in obtaining the consent. Colorado v. Connelly, 479 U.S. 157, 163-67 (1986). In other words, the relevant question is not whether the person whose consent is sought perceived coercion but, rather, whether there actually was coercion.