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"Threat" to get search warrant was not delivered in a threatening manner, but warrant had already issued

By John Wesley Hall, Jr.

Defendant was told that he had a right to refuse consent, and he consented. The "threat" that officers could get a search warrant [others had, in fact, already gotten one] was not delivered in a threatening manner, and did not militate against consent. United States v. Beltran, 2008 U.S. Dist. LEXIS 2113 (D. Or. January 7, 2008).* An arrest warrant was obtained for the defendant for providing alcohol to a minor, and officers went to arrest him. Inside his house, he asked for permission to dress, and officers followed him to his room. On the floor in the main room was ammunition. Officers subsequently saw several firearms in the premises, so they sought a search warrant, and the warrant, based on probable cause, revealed illegal firearms. The search was valid...continue to full post

Full post as published by Fourth Amendment on January 14, 2008 (boomark / email).