United States v. Cobo-Cobo, No. 16-4097 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained during a police encounter that occurred more than four years before he was indicted for misusing a social security number. The court held that the district court did not clearly err in finding that defendant's roommate's consent to enter the apartment was voluntary; the fact that the roommate was under arrest and had not received a Miranda warning did not render the consent involuntary; and agents had reasonable suspicion to believe that defendant was in the country illegally and to seize him by adjuring him to sit in the living room for questioning.
Court Description: Arnold, Author, with Loken and Shepherd, Circuit Judges] Criminal case - Criminal law. The district court did not err in concluding that the defendant's roommate had consented to law enforcement's entry into their apartment; fact that the roommate was under arrest and had not received Miranda warning did not render his consent involuntary; officers had a reasonable suspicion that defendant had entered the U.S. illegally, and they could seize him by directing him to come into the living room for questioning. [ October 11, 2017
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