U.S. v. Hicks

In prosecution on firearm charge stemming from seizure of guns after police had obtained consent from defendant's girlfriend to search defendant's home, Dist. Ct. did not err in finding that consent was voluntary even though girlfriend gave consent only after officer had told her that police would obtain search warrant if she declined consent. While defendant argued that consent was involuntary since officer uttered pretextual threat about obtaining warrant, officer had reasonable factual basis to support his belief that warrant would be obtained in absence of girlfriend's consent where police had gathered information from several sources indicating that defendant had maintained shared possession of murder weapon, and where police had taken preliminary steps to obtain warrant by forwarding to Assistant District Attorney necessary information about defendant's residence to put in any warrant application.