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Illegal Seizure Argument Not Preserved; Denial of Suppression Motion Affirmed

By Shari Allison

U.S. v. Lambert, 2009 WL 4810291 (12/15/09) (unpub'd) - The defendant could not raise on appeal from a conditional plea the contention that the officers illegally seized her, invalidating her consent to search. Her argument below that she did not voluntarily consent and that the search exceeded her consent did not preserve the illegal seizure argument. The court did not clearly err in finding the defendant's consent was voluntary even though two officers, after she invited them into her motel room, took control of the situation, turning the lights on in the room, denying her request to smoke, briefly looking into her purse without her consent, conducting a protective sweep of the bathroom and ordering her to get dressed in the bathroom with the door closed...continue to full post

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).