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W.D.Okla.: Entry to look for gun was without a warrant or exigent circumstances, and consent was coerced

By John Wesley Hall, Jr.

Police came to defendant's apartment after being called about an alleged rape there where the victim said that he had an AK-47 in the apartment. The police responded in force, beat on the door, and demanded entry. Defendant called 911 scared that the police would come in and shoot him. The 911 operator and the police at the door kept demanding entry so he let them in, and the gun was found. The entry was warrantless and without exigent circumstances. United States v. Henderson, 2009 U.S. Dist. LEXIS 65918 (W.D. Okla. July 29, 2009): Based on the facts established at the hearing and the totality of the circumstances, the court concludes that while Mr. Henderson did consent to the search of his apartment, his consent was not voluntary within the meaning of Schneckloth...continue to full post

Full post as published by Fourth Amendment on August 03, 2009 (boomark / email).