holding that the defendant's consent to search his premises was involuntary considering the totality of the circumstances, including an unlawful entry onto his property by climbing over a locked gate, the number of agents participating, the fact that they were armed with both pistols and semi-automatic weapons, and the presence of a police helicopter immediately overhead during the encounter
How later courts described this case
- holding that the defendant's consent to search his premises was involuntary considering the totality of the circumstances, including an unlawful entry onto his property by climbing over a locked gate, the number of agents participating, the fact that they were armed with both pistols and semi-automatic weapons, and the presence of a police helicopter immediately overhead during the encounter
Written by the judges who cited it.
The opinion
LILE, J.;
SPECIALLY CONCURS.
11 I agree that the "consent" to search was not voluntary under the facts in this case, and the results of the search must be suppressed.