United States v. Sallis

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence found in a bag defendant had been carrying. Defendant had pleaded guilty to possession of a firearm and ammunition by a felon. The court held that, although defendant was in custody at the time, those in custody can still voluntarily consent to a search and, in this case, defendant had been advised of his constitutional rights and his statements were not the result of officers questioning him or asking for consent. Rather, defendant was responding to the resident and did so less than thirty minutes after he had been taken into custody and less than fifteen minutes after he had been read his Miranda rights. Furthermore, even if defendant did not consent to the search, the evidence would have been admissible under the inevitable discovery doctrine. View "United States v. Sallis" on Justia Law