N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

“Considering these factors and the totality of the circumstances, the Court concludes that Defendant’s consent to search his residence was voluntary. Defendant is a mature adult who served in the Marines and is familiar with law enforcement procedures. While Defendant was not given the full Miranda warning, Miranda does not apply to requests for consent to search and Defendant signed a consent to search form that advised him of his right to refuse consent and that he could speak with an attorney. Defendant had been detained for less than two hours when he gave consent, at the end of a cordial, professional thirteen minute interview with officers in which no physical coercion was used. The officer’s threat to obtain a warrant did not vitiate consent, because the evidence supported an objectively reasonable belief that there was probable cause to obtain a warrant. Nor did the officer’s agreement not to involve Defendant’s girlfriend or housemates render his consent involuntary, because Seventh Circuit precedent does not prohibit a defendant from negotiating a commitment to keep third parties out of the proceedings in exchange for his consent to search. Santiago, 428 F.3d at 705.” United States v. Santiago, 2018 U.S. Dist. LEXIS 105495 (N.D. Ill. June 25, 2018).*