United States v. Hicks, No. 09-2184 (7th Cir. 2011)
Annotate this CaseFollowing a shooting, an informant stated that he had seen defendant leave after being directed to get a weapon. Another confirmed telling defendant to get the weapon and seeing him with the weapon at some point. Another spoke about neighborhood talk about defendant's use of guns and seeing his car. A detective who planned the December 24 arrest did not get search warrants, because of time pressure and a belief that defendants would open the door. The detective told the on-scene officer that they had enough to get a warrant. Defendant answered the door and was arrested. Defendant's girlfriend told officers to get a warrant; the detective told her that they could get a warrant but that they believed there were guns in the house and that, if she cooperated, police would not destroy her house during the inevitable search. She gave verbal consent, but would not sign. Police found the guns. Following a remand the district court found that the threat to get a warrant was not pretextual and that the consent was voluntary. The Seventh Circuit affirmed. The detective who planned the search had a reasonable factual basis for probable cause and took actions consistent with the mindset of someone who believed he could, if necessary, get a warrant.
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