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588 F.2d 452

Docket No. 78-5404

United States v. Lock

Fifth Circuit Court of Appeals

Decided Jan. 24, 1979.

Fifth Circuit Court of Appeals · decided 1979-01-24

Cited by 1 later decisions — most recently January 1979

1 federal appellate ·

3 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Rakas v. Illinois

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1979-01-24

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¶1Summary Calendar.*

¶2Bill McCabe, Orlando, Fla. (court-appointed), for defendant-appellant.

¶3Eddie M. Lock, Jr., pro se.

¶4John J. Daley, Jr., U. S. Atty., Jacksonville, Fla., Robert A. Leventhal, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

¶5Before RONEY, GEE and FAY, Circuit Judges.

¶7PER CURIAM:

¶8Of 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.

¶9But 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).

¶10AFFIRMED.

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