United States v. Maria Christina Hurtado and Augustine Aragones, Jr.

CLARK, Chief Judge:

I

On rehearing en banc, this case presents the following issue: On a criminal defendant’s motion to suppress evidence obtained in what she alleges was an illegal warrantless search of her home, what standard of proof should be applied to the government’s assertion that the defendant consented to the search? The precedent of this circuit indicates that the government must prove the defendant’s consent by clear and convincing evidence. We now overrule that precedent and hold that at a suppression hearing, the government is required to prove by a preponderance of the evidence…