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N.D.Ind.: Defendant's claim of consent being involuntary because of intoxication not supported by record

By John Wesley Hall, Jr.

“In determining voluntariness, the following facts are considered: (1) the person's age, intelligence and education; (2) whether she was advised of her constitutional rights; (3) how long she was detained before she gave her consent; (4) whether her consent was immediate, or was prompted by repeated requests by the authorities; (5) whether any physical coercion was used; (6) whether she was in police custody when she gave her consent; and (7) the intoxication of the individual.” Defendant said she was under the influence of Vicodin, but there is no evidence that she was intoxicated. United States v. Wiley, 2010 U.S. Dist. LEXIS 119037 (N.D. Ind. November 8, 2010).* Defendant consented to go to the police station, and that contributed to the finding of voluntariness...continue to full post

Full post as published by Fourth Amendment on November 11, 2010 (boomark / email).