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Consent after threat to get warrant would be invalid if threat was baseless

By John Wesley Hall, Jr.

Consent to search after refusal and officer's threat to get a warrant would be involuntary if the officer's threat was baseless, but here the court need not reach that question because there was probable cause fo rthe search of defendant's vehicle. United States v. Freeman, 2008 U.S. Dist. LEXIS 28755 (W.D. Ky. April 7, 2008).* Officer claimed to have consent from defendant's landlord and then claimed he got consent from defendant after coming in uninvited. Any such consent was tainted by the unlawful entry, and the suppression order was affirmed. State v. Felix, 2008 Ga. App. LEXIS 414 (April 7, 2008).* Tasering plaintiff was objectively reasonable because he was noncompliant and the situation was about to get out of hand. Cook v. City of Bella Villa, 2008 U...continue to full post

Full post as published by Fourth Amendment on April 11, 2008 (boomark / email).