Patrick Killen, Jr. v. United States
DueProcess FourthAmendment CriminalProcedure Privacy
Whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by his parents and immediately interrogated by federal agents whom he had no say in whether they should be allowed in the home, and where the agents made a gratuitous threat to the mother that they could come back with a SWAT unit in view of all her neighbors and the threat resulted in the mother ordering the young man to give the agents everything they wanted
QUESTION PRESENTED FOR REVIEW Due Process prohibits the extraction of a confession or a consent to search that is involuntary. The Due Process analysis examines whether an individual’s will was overborne by the circumstances surrounding the giving of a confession or consent to search. The due process test takes into consideration the totality of all the surrounding circumstances including both the characteristics of the accused and the details of the interrogation. This petition presents the question of whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by his parents and immediately interrogated by federal agents whom he had no say in whether they should be allowed in the home, and where the agents made a gratuitous threat to the mother that they could come back with a SWAT unit in view of all her neighbors and the threat resulted in the mother ordering the young man to give the agents everything they wanted. i INTERESTED PARTIES There are no