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U.S. v. SABO

No. 12-2700.

724 F.3d 891 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Terry L. SABO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Lesley June Miller-Lowery (argued), Attorney, Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee.

Stanley L. Campbell (argued), Attorney, Fort Wayne, IN, for Defendant-Appellant.

Before MANION and SYKES, Circuit Judges, and DARROW, District Judge.

DARROW, District Judge.

The only question presented in this appeal is whether Terry Sabo consented to a search of his residence. We find that his nonverbal actions manifested consent and affirm.

I. Background

In January 2010, two Deputy U.S. Marshals knocked on Terry Sabo's trailer door hoping to locate a fugitive, Sabo's stepson. When Sabo opened the door, both deputies immediately noticed a strong odor of marijuana and heard voices coming from...

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