Opinion

Brown v. McClennen ex rel. County of Maricopa

  • 239 Ariz. 521
  • 737 Ariz. Adv. Rep. 17
  • 373 P.3d 538
  • 2016 Ariz. LEXIS 117
  • 2016 WL 1637664
Court
Arizona Supreme Court
Filed
Apr 26, 2016
Status
Published
Author
Bales
On the bench
Authored, Bales, Berch, Brutinel, Pelander, Timmer
Cited by
19 cases
Authority
More cited than 11.2%

noting that “[c]onsent cannot be given ‘freely and voluntarily’ if the subject of a search merely acquiesces to a claim of lawful authority” (quoting Bumper v. North Carolina, 391 U.S. 543, 548–49 (1968))

How later courts described this case

  • noting that “[c]onsent cannot be given ‘freely and voluntarily’ if the subject of a search merely acquiesces to a claim of lawful authority” (quoting Bumper v. North Carolina, 391 U.S. 543, 548–49 (1968))

Written by the judges who cited it.

The opinion

BALES, C.J.,

concurring.

¶ 21 For the reasons noted in my separate opinion in State v. Valenzuela, CR-15-0222-PR, ¶¶ 38-51, 239 Ariz. 299 , 371 P.3d 627 , 2016 WL 1637656 (Ariz. Apr. 26, 2016), I agree that Brown did not voluntarily consent to the search; I otherwise concur in the majority’s opinion here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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