United States Seventh Circuit

In a prosecution for being a felon in possession of a firearm and possession of a firearm not registered to defendant, denial of a motion to suppress is vacated and case remanded where: 1) defendant did not object to a search of his home by police; 2) defendant was not removed from the home for the specific purpose of preventing him from objecting to a search; 3) defendant's girlfriend freely and voluntarily consented to the search; but 4) further factfinding was required to determine if officer's statement to girlfriend that he would get a warrant if consent was not given was based on a reasonable belief that he could, in fact, obtain a warrant.

Appellate Information

• Argued 04/08/2008
• Decided 08/20/2008
• Published 08/20/2008

Judges

• TINDER, Circuit Judge., Before KANNE, WILLIAMS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jonathan H. Koenig (argued), Erica N. O'Neil, Office of U.S. Attorney, Milwaukee, WI, for Plaintiff-Appellee., James A. Walrath (argued), Milwaukee, WI, for Defendant-Appellant.