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U.S. v. SPIVEY

No. 15-15023.

861 F.3d 1207 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Jermaine SPIVEY, Chenequa Austin, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 28, 2017.

Attorney(s) appearing for the Case

John C. Shipley , Assistant U.S. Attorney, Wifredo A. Ferrer , Jonathan E. Kobrinski , Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Andrew L. Adler , Timothy Day , Federal Public Defender's Office, Fort Lauderdale, FL, Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Miami, FL, for Chenequa Austin.

Michael G. Smith , The Law Offices of Michael G. Smith, Fort Lauderdale, FL, for Eric Jermaine Spivey.

Before WILLIAM PRYOR, MARTIN, and BOGGS, Circuit Judges.

This appeal presents the question whether deception by law enforcement necessarily renders a suspect's consent to a search of a home involuntary. Chenequa Austin and Eric Spivey shared a home and a penchant for credit-card fraud. And they both became crime victims. Their home was twice burgled, which each time they...

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