Legal Opinion

United States v. Montgomery

Court of Appeals for the Sixth Circuit

Decided September 13, 2010No. 09-3289PublishedCited by 19 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

McCellon Montgomery challenges the district court’s denial of his motion to suppress evidence, claiming he did not voluntarily consent to a search of his home due to the effects of medication. Because medication (or for that matter intoxication) is one among many factors to consider in the inquiry, see Schneckloth v. Bustamante, 412 U.S. 218, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973), and because the sum of relevant circumstances supported the district court’s credibility-based decision that Montgomery voluntarily consented, we affirm.

I

In the early morning of July…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. Bumper v. North CarolinaSupreme Court of the United States · 1968
  5. Moran v. BurbineSupreme Court of the United States · 1986

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3Cited by19 opinions

  1. Lopera v. Town of CoventryCourt of Appeals for the First Circuit · 2011
  2. United States v. Sarah CalvettiCourt of Appeals for the Sixth Circuit · 2016
  3. United States v. Robin PerryCourt of Appeals for the Sixth Circuit · 2013
  4. United States v. Angel HernandezCourt of Appeals for the Sixth Circuit · 2015
  5. Joseph Gale v. Corrigan O'DonohueCourt of Appeals for the Sixth Circuit · 2020

14 more not listed; retrieve them via the Exa API.

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