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Parole Agreement Authorized Search of Parolee's Car Even After Arrest of Parolee for Violation; Statement Voluntary Despite Shackles

By Shari Allison

U.S. v. Cordova, 2009 WL 2351618 (7/31/09) (unpub'd) - The defendant's parole agreement remained in effect after he was arrested for a parole violation, thus justifying a parole search of his car based upon reasonable suspicion. Reasonable suspicion was established by double hearsay that he was using drugs plus a positive test for cocaine use. An officer's lies about the strength of the evidence against the shackled defendant [e.g., many other people made statements incriminating him], and his threat of federal prosecution and statements that lack of cooperation would lead to a harsher sentence did not render involuntary the defendant's subsequent statement. The interrogations did not last long, they took place in an office and there was no "promise of leniency...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2009 (boomark / email).