E.D.Wis.: Consent on the whole was coerced by denying a really important telephone call while police were on the premises 40 minutes before seeking consent

Defendant’s consent was involuntary. The crux here was an important telephone call about her future educational goals that the agents told her she couldn’t take unless she consented. She was also pregnant and kneeling while the police were there, and she’d been kicked and told to lie down and she couldn’t. The police were there 40 minutes before they asked for consent. The court finds her credible, as were the officers, and finds that this telephone call was vitally important to her personal long term goals and it was unreasonable pressure on her. She was also separated from her children and she testified that she was threatened with the kids. All things considered, the consent was found coerced, and the independent source doctrine was not sufficient here to overcome the denial of consent just because the officers had probable cause; otherwise the warrant requirement would cease to exist. United States v. Dessart, 2012 U.S. Dist. LEXIS 128911 (E.D. Wis. September 10, 2012).*

Defendant’s cell phone was seized at the time of arrest, and a search warrant was issued for the phone’s contents which were admitted at trial. A motion to suppress wasn’t filed, and the appellate court refuses to consider it on appeal because of clear waiver and no good cause shown for not moving to suppress. United States v. Saucedo, 2012 U.S. App. LEXIS 19062 (11th Cir. September 11, 2012).*

The trial court denied a motion to suppress that was not appealed. Appellate counsel was not ineffective for not appealing the search issue because it wouldn’t have prevailed on appeal. There was reasonable suspicion to search for a weapon. Gray v. State, 378 S.W.3d 376 (Mo. App. 2012).*