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U.S. v. MONTGOMERY

No. 09-3289.

621 F.3d 568 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. McCellon MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 13, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Robyn Jones Hahnert , Kevin W. Kelley , Assistant United States Attorneys, Columbus, Ohio, for Appellee.

Before SUTTON and McKEAGUE, Circuit Judges; JONKER, District Judge.

OPINION

SUTTON, Circuit Judge.

McCellon Montgomery challenges the district court's denial of his motion to suppress evidence, claiming he did not voluntarily consent to a search of his home due to the effects of medication. Because medication (or for that matter intoxication) is one among many factors to consider in the inquiry, see Schneckloth v. Bustamonte, 412 U.S. 218, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973...

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