United States v. Eddie Mack Lock, Jr.

Fifth Circuit

United States v. Eddie Mack Lock, Jr.

588 F.2d 452, 1979 U.S. App. LEXIS 17353

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 24, 1979

Docket78-5404

StatusPublished

This text of 588 F.2d 452 (United States v. Eddie Mack Lock, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Eddie Mack Lock, Jr., 588 F.2d 452, 1979 U.S. App. LEXIS 17353 (5th Cir. 1979).

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Opinion

PER CURIAM:

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.

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).

AFFIRMED.

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PER CURIAM:

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.

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).

AFFIRMED.

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588 F.2d 452, 1979 U.S. App. LEXIS 17353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eddie-mack-lock-jr-ca5-1979.

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