What Constitutes a “Voluntary” Consent to a Police Search of Your Home?
The Fourth Amendment to the United States Constitution protects you–and your home–from “unreasonable” searches by the police. In most cases, this means the police need either a warrant or your consent to search your property. Any consent must be “knowing and voluntary” and not the product of police coercion.
Federal Court Upholds Mother’s Consent to Search Leading to Son’s Firearm Arrest
Of course, what the courts consider “knowing and voluntary” is not necessarily the same as how the typical person might define those terms. For example, if a police officer threatens to “dig up your property” if you do not consent to a search, does that qualify as coercion? Unfortunately, the answer in most cases is “no.”
The United States 11th Circuit Court of Appeals recently addressed exactly this scenario. In United States v. Hankerson, local police in Florida were looking for a fugitive. A police detective received information suggesting the fugitive was staying at a nearby residence. Officers conducted surveillance of the house, and after observing one of its residents committing a potential traffic violation while leaving the property in their car, an officer initiated a traffic stop. During this stop, the driver admitted the fugitive had been staying at their house. She also gave the police the key to her house along with permission to search the property for the fugitive.
It turned out the fugitive was not in the house. But while conducting a sweep of the residence, the police found a firearm on top of a bedroom dresser. Also in the bedroom was the son of the woman who gave the police permission to search the residence. The son, the defendant in this case, had a prior felony conviction. As such, federal law enforcement arrested and charged the defendant with being a felon in possession of a firearm. The defendant then gave a voluntary statement to an FBI agent at the scene.
The defendant subsequently filed a motion to suppress the gun and his statements to the FBI, arguing they were the result of an illegal search of the property. The trial court denied the motion. The defendant was subsequently convicted of the federal firearms charge. On appeal to the 11th Circuit, he again argued the search of the house was illegal.
The 11th Circuit disagreed and affirmed the conviction. It explained that the defendant’s mother, as a co-resident of the house, had the right to give voluntary consent to a police search. The mother did testify before the trial court that her consent was obtained, in part, because an officer told her that if the police had to get a warrant they would “dig the place up,” i.e., damage her property, so she felt she had no choice but to consent. Even so, the 11th Circuit still found the mother’s consent was “knowing and voluntary.”
Contact AsiliA Law Firm Today
Possession of a firearm as a convicted felon is one of the more serious federal charges you can face in Florida. That is why you need to work with a qualified Miami firearm charges lawyer who can review the evidence against you and help you prepare an aggressive defense. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.
Source:
scholar.google.com/scholar_case?case=9411598718040830853
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