S.D.Tex.: Def persuades court his prior arrests led him to believe objecting to consent was futile; suppressed

Defendant successfully argues his prior experience with the criminal justice system led him to believe that objecting to consent was futile, and suppression is granted. United States v. Sanchez, 2017 U.S. Dist. LEXIS 22807 (S.D. Tex. Feb. 17, 2017):

Sanchez’s custodial status was not voluntary. He was cooperative with the officers in explaining the disturbance with his girlfriend, but he also informed the officers that he wanted to continue on his way. The Government argues that because of Sanchez’s extensive criminal history and his numerous interactions with law enforcement officers, he was aware of his right to refuse consent. Sanchez testified that he did not know that he had the right to refuse the search and his previous encounters with police officers made him believe that he could not reject the officers’ instructions. Sanchez’s education is limited to a high school diploma. And the backpack was his so it is safe to infer that he was aware the backpack contained incriminating evidence.

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