Burton v. United States

SCHWELB,' Associate Judge,

dissenting:

The trial judge, who wrestled with the difficult constitutional issue presented by this record in a thoughtful and conscientious manner, stated during an exchange with counsel (which occurred after all the evidence was in) that “I think it’s a very close case.” I agree with the judge. Realistically, however, in light of all of the circumstances as described by the judge shortly after he heard the testimony, I cannot join the majority in its essentially legal conclusion1 that Burton’s consent to the search of his person could reasonably be characterized as…