Topic: must present 'clear and positive testimony that consent was… · Go Syfert
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Topic #22514

3 canonical passages across 2 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Marcos Amabiles Pena.

#Case FlagCanonical passage Citers
1 United States v. Marcos Amabiles Pena Anchor
ca10 · 1998
green “must present 'clear and positive testimony that consent was unequivocal and specific and freely and intelligently given.” 7
2 United States v. Mendez
ca10 · 1997
green “an officer conducting a routine traffic stop may run computer checks on the driver's license, the vehicle registration papers, and on whether the driver has any outstanding warrants or the vehicle has been reported stolen.” 6
3 United States v. Marcos Amabiles Pena
ca10 · 1998
green “physical mistreatment, use of violence, threats, threats of violence, promises or inducements, deception or trickery, and physical and mental condition and capacity of the defendant within the totality of the circumstances.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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