United States v. Quintero, et al., No. 10-3280 (8th Cir. 2011)
Annotate this CaseManuel and Michelle Quintero were charged with conspiracy to possess with intent to distribute and distribute in excess of 50 grams of methamphetamine; possession with intent to distribute in excess of 50 grams of methamphetamine; and conspiracy to engage in money laundering. The Quinteros moved to suppress evidence seized from a warrantless search of their hotel room, contending that Michelle did not voluntarily consent to the search. The government subsequently appealed the district court's grant of the motions to suppress. The court held that the district court properly considered the time of the search in determining whether Michelle's consent was voluntary; the district court did address the four factors that weighed in favor of voluntariness and concluded that the coercive factors outweighed those supporting voluntariness under the totality of the circumstances; and there was no clear error in the district court's conclusions as to the involuntariness of Michelle's consent to search. Accordingly, the court affirmed the grant of the motions to suppress.
Court Description: 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.
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