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CA8: Ruse to obtain consent did not rise to the level of coercion

By John Wesley Hall, Jr.

Officer's ruse to get consent was not sufficiently false or coercive to nullify defendant's consent. United States v. Trower, 2008 U.S. App. LEXIS 15287 (8th Cir. July 18, 2008) (unpublished): The deception, if indeed it was that, consisted of the officers' failure to tell Trower what Vernon Jones had told them about the marijuana and the gun. Accordingly, Trower's consent was not given in acquiescence to any claim of authority. Trower actively solicited law enforcement's assistance in finding Aguilar, and he had already showed Rorebeck around his home before Griswold and the other deputy arrived. The officers testified that part of their purpose in entering the house was to locate the note and help resolve the situation. Thus, there are no other circumstances that warrant a finding that Trower was coerced into inviting the officers into his home.continue to full post

Full post as published by Fourth Amendment on July 20, 2008 (boomark / email).