{"id":5186,"date":"2011-02-12T10:33:11","date_gmt":"2011-02-12T10:33:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-12T10:33:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5186","title":{"rendered":"IA: Consent search of house was invalid, but consent search of car was valid"},"content":{"rendered":"

The search of defendant\u2019s car was by consent, but after that, the search of defendant\u2019s residence was not. He was trying to make a plane to his mother\u2019s funeral and wasn\u2019t going unless he consented, and he was transported to his house 19 minutes in handcuffs. That was inherently coercive, and the facts found by the trial court are supported by the record. State v. Dougherty<\/a>, 2011 Iowa App. LEXIS 87 (February 9, 2011):<\/p>\n

The district court credited that testimony in finding, \u201cIt was well known that going to his mother\u2019s service was very important to the Defendant and that he had only a limited time within which he could make his flight.\u201d Giving due deference to this implied credibility finding, we agree with the court that Dougherty\u2019s consent was not voluntary because of the subtle coercion employed by the officers in this case. See Reinier, 628 N.W.2d at 469. But see United States v. Kolodziej, 706 F.2d 590, 593 (\u201cRaised expectations and hopes for leniency do not amount to coercion or improper inducement.\u201d).<\/p>\n

We reach this conclusion though there is other evidence that tends to support finding Dougherty\u2019s consent was voluntary, such as his signing of the written consent form and an officer\u2019s statement to him that he could possibly go to jail that night. See Reinier, 628 N.W.2d at 469 (reaching similar conclusion). However, that statement and the execution of the written consent form followed the coercive tactics detailed above, which also included a nineteen-minute car ride in the back of a squad car to the house in Tiffin during which Dougherty remained handcuffed. Upon examining the totality of the circumstances, we agree with the district court that Dougherty did not voluntarily consent to the search of his residence. 5 Our inquiry does not end here, however, as the State asserts Dougherty\u2019s probation agreement provided an alternative ground for the officers\u2019 search of the residence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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