Legal Opinion

United States v. Oswald G. Blake, Leonard Eason

Court of Appeals for the Eleventh Circuit

Decided November 17, 1989No. 88-5900PublishedCited by 94 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

In this appeal, the United States argues that the district court erred in granting the motion to suppress filed by defendants Oswald G. Blake and Leonard Eason. The issue in this case involves whether police officers exceeded the scope of the defendants’ consent to a search of their “person,” when, upon receiving the consent, the officers immediately reached into the defendants’ crotch area and felt their genitals. Upon review, we find that the trial court’s factual findings are not clearly erroneous, and consequently we affirm the district court.

I. FACTUAL BACKGROUND 1

2Cases cited33 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
  5. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981

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3Cited by94 opinions

  1. Harris v. ThigpenCourt of Appeals for the Eleventh Circuit · 1991
  2. United States v. Augustin GonzalezCourt of Appeals for the Eleventh Circuit · 1996
  3. United States v. Jorge Nicolas AcostaCourt of Appeals for the Eleventh Circuit · 2004
  4. United States v. Elsie MartinezCourt of Appeals for the Eleventh Circuit · 1992
  5. Roseann Michelle Gill v. Grady JuddCourt of Appeals for the Eleventh Circuit · 2019

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