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CA7: Defendant who was asked three times to produce guns under a court order, who asked questions about what was going on and was ignored, did not validly consent

By John Wesley Hall, Jr.

Defendant was presented with an arrest warrant for guns and a state court order to produce all firearms in his possession as a condition of bond which he declined to answer. After three tries, without answering any of the questions about what was going on, defendant provided the guns and talked, and this could not be shown by the government to be voluntary by the preponderance of the evidence. Moreover, his statements at the same time were not voluntary either. United States v. Swanson, 2011 U.S. App. LEXIS 6002 (7th Cir. March 24, 2011).* Twenty-five people walking on a road near a beach in the Virgin Islands soaking wet and carrying bags was reasonable suspicion they entered the country illegally. The VIPD acted as expeditiously as possible in the detention and calling INS officers to the scene...continue to full post

Full post as published by Fourth Amendment on March 28, 2011 (boomark / email).