Does a prior arrest or detention constitute coercion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Delgadillo-Velasquez, 856 F.2d 1292 (9th Cir. 1988):
3 Appellant contends that the coercive circumstances themselves--that he was under arrest, separated and alone--resulted in coercion. This court has not held that a preceding constitutionally permissible arrest or detention makes an otherwise valid consent coerced. See United States v. Ocheltree, 622 F.2d 992 (9th Cir.1980); United States v. Lemon, 550 F.2d 467, 471-72 (9th Cir.1977). We decline to do so now.
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