HOWARD

v.

JOHNSON, WARDEN, ET AL.

Citator

Cited By

• Withrow v. Williams, 507 U.S. 680 (U.S. 1993)
  …Perini, 832 F. 2d 342, 346-347 (CA6 1987) (investigatory Terry-stop; not in custody), cert. denied, 486 U. S. 1024 (1988); Leviston v. Black, 843 F. 2d 302, 304 (CA8) (in-jail interview initiated by incarcerated defendant; no custody), cert. denied, 488 U. S. 865 (1988); Cordoba v. Hanrahan, 910 F. 2d 691, 693-694 (CA10) (drunk driver questioned at accident scene before arrest; not in custody), cert. denied, 498 U. S. 1014 (1990). See, e.g., Endress v. Dugger, 880 F. 2d 1244, 1246-1250 (CA11 1989) (defendan…
• United States v. Simmons, 918 F.2d 476 (5th Cir. 1990)
  …nd asking him questions); United States v. Galberth, 846 F. 2d 983, 989 (5th Cir.) (holding that defendant was not coerced by DEA agent who asked to speak with her, asked to see her airline ticket, and requested to see identification), cert. denied, 488 U.S. 865, 109 S.Ct. 167, 102 L.Ed.2d 137 (1988). .The district court concluded that Roser consented to the search of his bags and to the body search that produced the first tangible evidence against the defendants. A trial court’s finding of consent will no…
• United States v. Yeagin, 927 F.2d 798 (5th Cir. 1991)
  …on and intelligence; and (6) the defendant’s belief that no incriminating evidence will be found.” United States v. Gonzalez-Basulto, 898 F. 2d 1011, 1013 (5th Cir.1990) (citing United States v. Galberth, 846 F. 2d 983, 987 (5th Cir.), cert. denied, 488 U.S. 865, 109 S.Ct. 167, 102 L.Ed.2d 137 (1988)). We believe that two of the relevant factors support Yeagin’s argument that the consent was not voluntary. First, Yeagin’s custodial status was certainly not voluntary; he had been handcuffed and escorted by…