Opinion · Supreme Court of the United States

Gros Ventre Tribe of the Fort Belknap Indian Reservation v. United States

Gros Ventre Tribe of the Fort Belknap Indian Rsrv. v. United States, 440 U.S. 958 (1979)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1979-03-19
Topic
general

How later courts describe this case

  • recognizing the government's "special interest in securing the presence of the accused at trial"
  • consent not involuntary where officer asserted that if defendant did not consent to the search of his luggage he would seek a warrant
  • warrantless entry and reentry of a boat where drowning suspected and tidal flow created need for swift action
  • justified where "[t]here were no `No Trespassing' signs or fences restricting access to the property"
  • no rea sonable expectation of privacy because boat, like automobile, carries lesser expectation of privacy than home or office
  • statement that a search warrant will be obtained does not in itself render the consent involuntary
  • in context of all the criteria of voluntariness set forth in Schneckloth, federal agent’s assertion that he would seek a warrant if appellant did not consent did not alone render consent involuntary
  • a mixed motive for a stop is irrelevant once finding of probable cause is made

Citator

UpLaw has not yet analyzed Gros Ventre Tribe of the Fort Belknap Indian Reservation v. United States. The absence of a flag is not a finding that it is good law.

Cited by
149 opinions

C. A. 9th Cir. Certiorari denied.