588 F2d 452 United States v. Lock

588 F.2d 452

UNITED STATES of America, Plaintiff-Appellee,
v.
Eddie Mack LOCK, Jr., Defendant-Appellant.

No. 78-5404

Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

Jan. 24, 1979.

Bill McCabe, Orlando, Fla. (court-appointed), for defendant-appellant.

Eddie M. Lock, Jr., pro se.

John J. Daley, Jr., U. S. Atty., Jacksonville, Fla., Robert A. Leventhal, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

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1

Of the issues presented by this appeal, only one requires discussion. While in custody on suspicion of bank robbery, appellant executed a form authorizing the FBI to search his residence. The searching agents also obtained such a consent from appellant's wife, who accompanied them on the search which turned up incriminating evidence. At a motion to suppress, appellant asserted that his wife's consent was not voluntary and now appeals the ruling below that it was.

2

But whether it was or not does not signify here. Appellant's own consent, not claimed to be involuntary, settles all questions of his fourth-amendment rights. If his wife's rights were infringed, appellant may not complain of it. Rakas v. Illinois, --- U.S. ----, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978).

3

AFFIRMED.

*

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I

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