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D.N.D.: Consent to search motel room was coerced; officer's audio of conversation supported defendants' version

By John Wesley Hall, Jr.

Officers came to defendant’s hotel room at night and pounded on the door for entry. After 30 seconds of repeated requests, defendant said his wife was naked, and they told her to hurry and get dressed so they could come in. After they entered, the officers misrepresented their purpose to look around. They had an audio of the interchange. The search was not by valid consent and was coerced, and the motion to suppress was granted. United States v. Quintero, 2010 U.S. Dist. LEXIS 98834 (D. N.D. September 8, 2010)*: The Court is mindful that nighttime searches are not per se unconstitutional. United States v. Harris, 324 F.3d 602, 606 (8th Cir. 2003); United States v. Berry, 113 F.3d 121, 123 (8th Cir. 1997). However, search warrants command the officer to execute a warrant during the daytime, unless the judge for good cause expressly authorizes otherwise...continue to full post

Full post as published by Fourth Amendment on September 25, 2010 (boomark / email).