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CA7: Threat to get SW is not coercion if there is probable cause

By John Wesley Hall, Jr.

Defendant was removed because he was arrested, not to prevent him from being asked for consent under Randolph, although his protestations make suggest that he would have refused consent. Instead, the officers asked his girlfriend, and she resisted. Then they said that they would get a search warrant but it would take a while because it was Christmas Eve. The District Court erred in not analyzing whether there was probable cause to get a search warrant. If there was probable cause, then it was not a lie. United States v. Hicks, 2008 U.S. App. LEXIS 17719 (7th Cir. August 20, 2008): The district court did not err in its fact finding per se, but rather took an incorrect view of the law. The district court interpreted our case law to mean that if Brown's statement reflected a legitimate belief, then the stated intention to get a warrant did not create a problem with the consent...continue to full post

Full post as published by Fourth Amendment on August 22, 2008 (boomark / email).