United States v. Matlock
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Texas separately retained a more protective consent standard under its state constitution.
3,648 later cases cite United States v. Matlock; 83 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. Matlock?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Fifth Circuit declined to extend Matlock's preponderance standard for consent findings to confrontation-right waivers and instead required clear and convincing evidence.
United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette Evans · Fifth Circuit · filed
Because of the intimate association between the right to confrontation and the accuracy of the fact-finding process, however, we also reject the government’s suggestion that the “preponderance” standard accepted by the Supreme Court in Lego (to judge the voluntariness of a confession) and United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974) (to judge whether a warrantless search was consensual) is also adequate to protect confrontation rights.
Read the full opinion on CourtListener →
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