E.D.Mich.: Nighttime knock-and-talk and badgering led to invalid consent

Seven to nine DEA agents and a SWAT team showed up at defendant’s house at 11:30 pm October 31 for a knock-and-talk to see if defendant would consent. This was triggered by the arrest of coconspirators. Defendant’s wife finally relented and consented after they repeatedly refused consent. A marked car was outside the house with its emergency lights on throughout. Her consent was acquiescence to their claim of authority. United States v. Alvarado, 2017 U.S. Dist. LEXIS 86168 (E.D. Mich. June 6, 2017):

In response to O’Neil’s threat of arrest, Monica said,

I don’t give a damn what you do. But you get out of my house right now. Go ahead and do whatever you have to do but get the hell out of my house because no one’s going to come in my house and threaten me or my children or question my illegal status.

Id. at 193:19-23. Monica continued asking the agents why they would not leave and said, “[a]s far as I’m concerned, you[‘re] trespassing [in] my house because I’ve asked you to leave my house.” Id. at 194:9-12.

Monica eventually gave two agents permission to do a walk-through of the garage, accompanied by Defendant, because she “was tired of fighting and nobody was listening to me.” Id. at 198:8-9. The officers said that once they obtained a search warrant, “it was going to get very ugly.” Id. at 196:14-15. Monica could not believe that she had “been threatened and I’ve repeatedly asked [the agents] to leave my home and no one’s listening to me.” Id. at 196:23-25.

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