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S.D.Ohio: A non-baseless threat to get a SW to get consent does not made it involuntary

By John Wesley Hall, Jr.

Consent was obtained after the officers threatened to get a search warrant, but the threat was not baseless. So, the consent was valid. United States v. Bigi, 2010 U.S. Dist. LEXIS 105954 (S.D. Ohio September 22, 2010)*: The Sixth Circuit has repeatedly held mat an officer's threat to obtain a warrant if the defendant does not consent to the search does not taint the defendant's subsequent consent to a search, unless the threat is baseless. See United States v. Salvo, 133 F.3d 943, 954 (6th Cir. 1998) (citing a number of cases from other circuits); United States v. Blanco, 844 F.2d 344, 351 (6th Cir.), cert. denied, 486 U.S. 1046 (1988); United States v. Watson, No. 96-5037, 1997 U.S. App. LEXIS 17186 (6th Cir.), cert. denied, 522 U.S. 961 (1997) ("Notifying a person that a warrant can be obtained does not render consent involuntary unless the threat to obtain the warrant is baseless...continue to full post

Full post as published by Fourth Amendment on October 10, 2010 (boomark / email).