The court finds the consent to search given by a woman in the house was voluntary and wasn\u2019t based on a threat to take her child away by DCYF. She drew that conclusion herself because she was concerned about it. \u201cThe Court also finds that, in the absence of Pimentel’s consent, CPD officers would have actually applied for a search warrant. Defendant places great weight on the fact that none of the officers on the scene had started preparing to apply for a warrant, perhaps by preparing an affidavit for a search warrant or contacted a magistrate judge before they obtained Pimentel’s consent to search the residence. He argues that this proves CPD officers would not have actually obtained a search warrant. … However, this argument ignores the fact that, during his conversation with Pimentel, Det. Fuoroli specifically informed her that, if she did not consent to the search, he would apply for a search warrant.\u201d They clearly had probable cause, and any request for a search warrant would have been granted. Therefore, inevitable discovery applies. United States v. Almonte, 2019 U.S. Dist. LEXIS 55332 (D. R.I. Apr. 1, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The court finds the consent to search given by a woman in the house was voluntary and wasn\u2019t based on a threat to take her child away by DCYF. She drew that conclusion herself because she was concerned about it. … Continue reading