Court of Appeals for the Fifth Circuit July 5, 1990, 89-2763 (United States v. Maria Christina Hurtado and Augustine Aragones, Jr.)

CLARK, Chief Judge:

I.

On rehearing

en banc,

this case presents the following issue: On a criminal defendant’s motion to suppress evidence obtained in what she alleges was an illegal warrantless search of her home, what standard of proof should be applied to the government’s assertion that the defendant consented to the search?