United States v. Henry A. Molt, Jr

STERN, District Judge *

(dissenting).

I agree with the majority that the district court’s factual findings should not be disturbed. However, I disagree with the majority’s interpretation of the Tariff Act of 1930 and its conclusion that Molt’s consent to search was involuntary as a matter of law. I, therefore, dissent.

The majority holds, as did the district court below, that Agent O’Kane misrepresented his authority when he told Molt that he could obtain a warrant if Molt did not consent to the search. According to the majority, this statement was coercive because the agents had no such right.

Ti…