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CA10: Arrest and handcuffing not coercive per se to consent

By John Wesley Hall, Jr.

The record supports the trial court’s finding that the defendant consented despite his claim that there was a language barrier. Yes, arrest is somewhat coercive, but defendant still consented. United States v. Silva-Arzeta, 2010 U.S. App. LEXIS 8660 (10th Cir. April 27, 2010): Thus, the basis of Mr. Silva-Arzeta's claim of coercion amounts to simply his being arrested and handcuffed. We recognize that arresting and handcuffing are coercive acts. But the consent of a handcuffed arrestee may well be voluntary. See Dozal, 173 F.3d at 796 ("Supreme Court and Tenth Circuit precedent establishes that consent to search may be voluntary even though the consenting party is being detained at the time consent is given." (brackets and internal quotation marks omitted)); Carpenter v...continue to full post

Full post as published by Fourth Amendment on April 30, 2010 (boomark / email).