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CA8: Experienced criminal's will was not overborne for consent

By John Wesley Hall, Jr.

An experienced criminal was not found to have been overborne for consent. United States v. Golinveaux, 2010 U.S. App. LEXIS 15496 (8th Cir. July 28, 2010) (unpublished): Under the circumstances of this case, we conclude Golinveaux's consent to the search of her car was voluntary. At most, Golinveaux was in police custody for thirty-eight minutes before she gave consent to search, and was subject to the possible physical intimidation described above and Captain Berte's "dangerous chemical speech" for less than twenty-three minutes. We do not believe, in such a short time, an experienced criminal such as Golinveaux--particularly given her history of assaulting law enforcement officers--was so overcome by police authority or by Captain Berte's persuasive powers as to make her consent involuntary...continue to full post

Full post as published by Fourth Amendment on August 04, 2010 (boomark / email).