What is the effect of the presence of armed police officers on the consent of a man who had been released from his home after being arrested during a break-in?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wiggins, 922 F.2d 845 (9th Cir. 1991):

After releasing Wiggins and searching the residence, the officers asked to search a car they saw in the garage. Wiggins agreed and gave them the keys. Wiggins contends that the presence of officers who had been armed when they arrived, and had handcuffed him to the porch while breaking into his house, vitiates his consent. However in light of evidence that on another occasion Wiggins had refused permission to officers to search his house, he had previous experience with law enforcement and knew he had the right to object, and understood what he was doing, the district court did not clearly err in finding the consent voluntary. See United States v. Alfonso, 759 F.2d 728, 740-41 (9th Cir.1985). 1

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