{"id":1748,"date":"2008-06-03T09:24:03","date_gmt":"2008-02-02T08:02:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-02T08:02:09","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1748","title":{"rendered":"Four people had expectation of privacy in storage unit of one"},"content":{"rendered":"

Four plaintiffs retained an expectation of privacy in a storage unit rented by one where they agreed to put their stuff there. Garcia v. Dykstra<\/a>, 260 Fed. Appx. 887, 2008 FED App. 0074N (6th Cir. 2008).<\/p>\n

Telling a suspect police would seek a search warrant if consent was not granted was not coercive because, if they have probable cause, they have the ability to get a search warrant. United States v. Giles, 2008 U.S. Dist. LEXIS 7177 (M.D. Pa. January 31, 2008)*:<\/p>\n

The court now turns to the statements allegedly made by Detective Johnson. First, his statement that he would get a search warrant must be distinguished from the statements made by agents in Bumper v. North Carolina<\/em><\/a>, 391 U.S. at 550. In Bumper<\/em>, law enforcement officers claimed authority to search a home because they were in possession of a warrant, in effect announcing “that the occupant ha[d] no right to resist the search.” 391 U.S. at 550. The Supreme Court held that consent given after such a statement was invalid because it was coerced. Id. Here, however, assuming Johnson made the statements that he did, he did not claim that he already had a warrant; he said that he would get one. The police are entitled to seek a search warrant if they have probable cause. Giving a suspect the choice of consenting first is not, in itself, coercive behavior akin to that in Bumper<\/em>. See United States v. Ivy<\/em>, 165 F.3d 397, 403 (8th Cir. 1998); Mack<\/em>, 796 A.2d at 970-71.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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