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United States Sixth Circuit


US v. LOPEZ-ARIAS, 02-5154

DEA agents had arrested defendants by the time defendants consented to the search of a motel room, and the arrest was unlawful because the DEA agents lacked probable cause; there was no intervening act of free will sufficient to break the causal chain between defendants- illegal arrest and their consent to search the motel room.

Appellate Information

  • Argued 05/02/2003
  • Decided 09/19/2003
  • Published 09/19/2003

Judges

  • Before: CLAY and GIBBONS, Circuit Judges, CLELAND, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Terry M. Cushing (briefed), Asst. U.S. Attorney, Louisville, KY, Nina Goodman (argued and briefed), U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellant.

  • For Appellees:
  • Jamie L. Haworth, Patrick J. Bouldin (argued and briefed), Asst. Federal Public Defenders, Louisville, KY, Martin N. Kute (argued and briefed), Louisville, KY, for Defendants-Appellees.
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