Legal Opinion

United States v. Jeter

District Court, D. Utah

Decided April 20, 2005No. 204CR00624PGCPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO SUPPRESS

CASSELL, District Judge.

This matter is before the court on defendants Samuel Jeter’s and Brian Pinkney’s motion to suppress evidence seized during the search of a car that they borrowed. The main issues are whether they have “standing” to challenge the search because the ear was merely borrowed and whether the investigating officer obtained a voluntary consent to search. On the first issue, the court rejects the government’s position that the defendants lack the ability to challenge the search. Pinkney’s fiancée loaned the car…

2Cases cited41 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. United States v. PaynerSupreme Court of the United States · 1980
  5. United States v. Carlos Botero-OspinaCourt of Appeals for the Tenth Circuit · 1995

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