UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
OMAR HERMAN BACCA-BELTRAN, DEFENDANT-APPELLANT; UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. ROBERT CHEMALY, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
OMAR HERMAN BACCA-BELTRAN, DEFENDANT-APPELLANT; UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. ROBERT CHEMALY, DEFENDANT-APPELLANT
764 F.2d 747
Court of Appeals for the Eleventh Circuit (1985)
Caution
Cited by 16 cases
Opinion of the Court
BY THE COURT:
On the Court’s own motion, and a majority of the judges of this court in active service having voted in favor thereof,
It is ORDERED that the order entered December 18, 1984 granting a rehearing en banc in these appeals is hereby VACATED. The opinions of the panel in these causes filed September 20, 1984 are hereby REINSTATED. The mandate shall issue forthwith.
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United States v. Oswald G. Blake, 888 F.2d 795 (11th Cir. 1989)…a question of fact to be determined by the totality of the circumstances. Schneckloth v. Bustamonte, 412 U.S. at 249-50, 93 S.Ct. at 2059; United States v. Chemaly, 741 F. 2d 1346, 1352 (11th Cir.1984), vacated, 741 F. 2d 1363, reinstated on reh’g, 764 F. 2d 747 (11th Cir.1985) (en banc). The government bears the burden of proving both the existence of consent and that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily. United States v.…
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United States v. Benevento, 836 F.2d 60 (2d Cir. 1987)…g unlawful currency searches; conceivably, the victims of the unlawful search may have an implied cause of action against the violating officer. United States v. Chemaly, 741 F. 2d 1346, 1358-59 (11th Cir.1984) (Tjoflat, J., dissenting), reinstated, 764 F. 2d 747 (1985) (en banc). Accordingly, we conclude that the district court properly denied the Beneventos’ motions to suppress the currency evidence. C. Denial of motions to suppress evidence recovered after search of Florida homes. The Beneventos next c…
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United States v. Hidalgo, 7 F.3d 1566 (11th Cir. 1993)…ed by the totality of the circumstances. Schneckloth v. Bustamonte, 412 U.S. [218,] 249-250, 93 S.Ct. [2041,] 2059 [36 L.Ed.2d 854 (1973)]; United States v. Chemaly, 741 F. 2d 1346, 1352 (11th Cir.1984), vacated, 741 F. 2d 1363, reinstated on reh’g, 764 F. 2d 747 (11th Cir.1985) (en banc). The government bears the burden of proving both the existence of consent and that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily. United States v…
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