If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business?

MultiRegion, United States of America

The following excerpt is from U.S. v. Herrera, 927 F.2d 611 (9th Cir. 1991):

I do not disagree with the majority that a private party would be unlikely "to choose to spend the better part [indeed any part] of an afternoon shuttling back and forth with police officers rather than going about her business." However, Herrera said she would, six times orally and three times in writing. The consent forms she signed explicitly told Herrera that she had the right not to consent. The district court found her consent was voluntary. I respectfully disagree that we can disregard this finding. See United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988).

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