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CA10: Encounter at airport baggage claim was consensual

By John Wesley Hall, Jr.

Encounter in the baggage claim area was not shown to be coercive, even though defendant was asked to go to a police office in the airport. Defendant's "post-9/11" argument that airport security is tougher and more coercive is rejected. United States v. Davis, 2008 U.S. App. LEXIS 16338 (10th Cir. July 31, 2008)* (unpublished) (Comment: An objective review of the facts leads me to conclude, having not seen the record of the hearing, that defendant was coerced into being moved from one place to another.) Exigent circumstances of a burglary investigation with a kicked in door and a request to look for intruders did not cease when the officer came outside once and then decided to go back in for a further look. United States v. $291,828.00 in United States Currency, 2008 U...continue to full post

Full post as published by Fourth Amendment on August 05, 2008 (boomark / email).