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

recognizing the government's "special interest in securing the presence of the accused at trial" | 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 | warrantless entry and reentry of a boat where drowning suspected and tidal flow created need for swift action | warrantless entry and reentry of a boat where drowning suspected and tidal flow created need for swift action | 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 | warrantless entry and reentry of a boat where drowning suspected and tidal flow created need for swift action | 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 | the defendant unlocked the incriminating bag, having denied knowledge or interest in the luggage | the defendant unlocked the incriminating bag, having denied knowledge or interest in the luggage | when sentence is based upon mechanistic application of rules unrelated to a defendant’s character, the general rule that sentencing decisions are within the exclusive discretion of the trial court is inapplicable | “We perceive a distinction ... between punishing a defendant for maintaining his innocence and preserving his right to appeal ... and merely considering a defendant’s failure to recant when evaluating his prospects of rehabilitation without incarceration” | abandoned boat; search justified in part by legitimate fear of drowning | abandoned boat; search justified in part by legitimate fear of drowning | "We perceive a distinction . . . between punishing a defendant for maintaining his innocence and preserving his right to appeal ... and merely considering a defendant's failure to recant when evaluating his prospects of rehabilitation without incarceration" | warrantless safety and document checks of vessels are “undoubtedly constitutional” | giving standing to representatives of Indian tribes | justified where land beyond fenced