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CA7: Existence of PC made threat to get a SW not an "empty threat"

By John Wesley Hall, Jr.

The threat to get a search warrant if defendant did not consent was not an "empty threat" because the officers had probable cause. Therefore, it was not unlawful coercion. United States v. Jones, 2010 U.S. App. LEXIS 15754 (7th Cir. July 30, 2010): In addition, Jones argues that Joseph was coerced into consenting based on Arnold's "empty threat" that a search warrant would eventually be obtained. Jones is correct in asserting that baseless threats to obtain a search warrant may indeed render a consent to search involuntary. United States v. Hicks, 539 F.3d 566, 571 (7th Cir. 2008); United States v. White, 979 F.2d 539, 542 (7th Cir. 1992). The appropriate focus, then, is on whether the police had a genuine intention to seek such a warrant, and more specifically, whether they had a reasonable factual basis to believe they had probable cause to obtain a warrant...continue to full post

Full post as published by Fourth Amendment on August 01, 2010 (boomark / email).