context: Although defendant may have smoked marijuana 3 days prior to his arrest, McDonald testified that he did not see defendant consume any alcohol or drugs after they left Tucson. In addition, the FBI agents observed no indication that defendant was under the influence of drugs or alcohol. We concur with the trial court that alcohol and drug use did not leave defendant incapable of voluntarily consenting to the search.
citation_a.signal: see also
citation_a.identifier: 774 F.2d 368, 376-77
citation_a.parenthetical: suspect who "staggered and swayed" under intoxication was still capable of giving consent to search glove box
citation_a.sentence: See United States v. Rambo, 789 F.2d 1289, 1297 (8th Cir.1986) (“[T]he mere fact that one has taken drugs, or is intoxicated, or mentally agitated, does not render consent involuntary____ In each case, ‘[t]he question is one of mental awareness so that the act of consent was the consensual act of one who knew what he was doing and had a reasonable appreciation of the nature and significance of his actions.’ ”), quoting United States v. Elrod, 441 F.2d 353, 355 (5th Cir.1971); see also United States v. Gay, 774 F.2d 368, 376-77 (10th Cir.1985) (suspect who “staggered and swayed” under intoxication was still capable of giving consent to search glove box).
citation_b.signal: see
citation_b.identifier: 441 F.2d 353, 355
citation_b.parenthetical: "[T]he mere fact that one has taken drugs, or is intoxicated, or mentally agitated, does not render consent involuntary____ In each case, '[t]he question is one of mental awareness so that the act of consent was the consensual act of one who knew what he was doing and had a reasonable appreciation of the nature and significance of his actions.' "
citation_b.sentence: See United States v. Rambo, 789 F.2d 1289, 1297 (8th Cir.1986) (“[T]he mere fact that one has taken drugs, or is intoxicated, or mentally agitated, does not render consent involuntary____ In each case, ‘[t]he question is one of mental awareness so that the act of consent was the consensual act of one who knew what he was doing and had a reasonable appreciation of the nature and significance of his actions.’ ”), quoting United States v. Elrod, 441 F.2d 353, 355 (5th Cir.1971); see also United States v. Gay, 774 F.2d 368, 376-77 (10th Cir.1985) (suspect who “staggered and swayed” under intoxication was still capable of giving consent to search glove box).