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United States Eighth Circuit


US v. MENDOZA-CEPEDA, 00-3116

Since the officers did not intimidate or make any promises to the defendant, the officers' determination that the defendant voluntarily consented to the search was reasonable even though defendant spoke no English. Encounter with two airport agents was not an investigatory stop subject to Fourth Amendment restrictions where defendant's torso was not physically touched until after he consented to the touching, and agent's "yes" or "no" questions in Spanish did not show that compliance was compelled.

Appellate Information

  • Decided 05/18/2001
  • Published 05/18/2001

Judges

  • HANSEN, Circuit Judge., Before RICHARD S. ARNOLD, LAY, and HANSEN, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Karen M. Shanahan, argued, Omaha, NE, for appellant.

  • For Appellees:
  • Robert C. Sigler, argued, Omaha, NE, for appellee.
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