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United States Tenth Circuit


US v. Silva-Arzeta, 07-5140

Defendant's drug and firearm possession convictions are affirmed where: 1) defendant could converse in English sufficiently well to consent to the search at issue; 2) the consent of a handcuffed arrestee to a search may still be voluntary; 3) the use of certified interpreters and recording devices was not required during interrogation; and 4) defendant waived his right to request discovery into alleged evidence tampering.

Appellate Information

  • Decided 04/27/2010
  • Published 04/27/2010

Judges

  • HARTZ, Circuit Judge., Before BRISCOE, HOLLOWAY, and HARTZ, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • William D. Lunn, Tulsa, OK, for Defendant-Appellant., Leena Alam, Assistant United States Attorney, (David E. O'Meilia, United States Attorney, with her on the brief), Tulsa, OK, for Plaintiff-Appellee.
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