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N.D. Ill.: Threat to get SW had a reasonable basis

By John Wesley Hall, Jr.

Consent obtained after threat to get a search warrant was still voluntary where there was a basis for concluding there was probable cause. United States v. Chavez, 2009 U.S. Dist. LEXIS 34217 (N.D. Ill. April 23, 2009): . . . To determine whether a "threat" to obtain a search warrant is baseless, the reviewing court is not, contrary to Chavez's assertions, required to determine whether probable cause actually existed at the time of the consent. Rather, in order to "know whether the statement was baseless or not," the court must determine "whether there was probable cause (or a reasonable factual basis to believe there was probable cause)." United States v. Hicks, 539 F.3d 566, 571 (7th Cir. 2008) (emphasis supplied). The court announced this standard to avoid a situation where the officer seeking consent relies solely on the representations of another officer that probable cause is present, thus creating a "clean heart, empty head" loophole where the individual officer acts with a good faith belief that probable cause exists even where it does not...continue to full post

Full post as published by Fourth Amendment on April 27, 2009 (boomark / email).