U.S. v. GUAPI

No. 97-6289.

144 F.3d 1393 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Mosquera GUAPI, a.k.a. Guapi Lebron, Jr., a.k.a. Alfonso Medina Saaverdra, a.k.a. Walter Mosquera, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 29, 1998.


Attorney(s) appearing for the Case

Carol Elewski, Asst. Fed. Pub. Defender, Mobile, AL, for Defendant-Appellant.

J. Don Foster, U.S. Atty., George A. Martin, Jr. and Charles Kandt, Asst. U.S. Attys., Mobile, AL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and RONEY and CLARK, Senior Circuit Judges.


RONEY, Senior Circuit Judge:

This appeal challenges the legality of a warrantless search of all carry-on luggage on a Greyhound bus. The search revealed cocaine in the defendant's luggage. The district court found the search to be constitutional because the defendant consented to the search. Although defendant did indeed consent in this case, under the circumstances in which the consent was obtained, it was not an uncoerced, voluntary consent as is required to validate...

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