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E.D.Tenn.: Coerced consent for a sex offender "walk through" of house was invalid

By John Wesley Hall, Jr.

Defendant registered as a sex offender under Tennessee law. The registry person in his county told him that he had to submit to “house checks,” random walk throughs of his house by the registry person and the police. He had been subjected to a few and then, after a dispute with a neighbor, they came by again. He admitted having a gun. The threatened entry was the product of coerced consent obtained by a false claim of authority. United States v. Arwood, 2010 U.S. Dist. LEXIS 50258 (E.D. Tenn. April 27, 2010): Defendant argues that he believed that he had no choice other than to submit to the "house checks," and that he also was obligated to answer any questions asked by the police during those checks. The United States argues that "ignorance of the law is not a defense," citing United States v...continue to full post

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