United States v. Harrison
2011 U.S. App. LEXIS 9555
10th Cir.2011Background
- ATF conducted surveillance of Harrison for months but lacked probable cause for a warrant.
- Agents used a knock-and-talk tactic to gain consent to search the apartment.
- Agents misrepresented the purpose of the visit by implying there could be bombs and drugs.
- Harrison consented to the search, during which a loaded handgun was found hidden under a sink.
- District court granted suppression, finding the deception rendered consent involuntary under the totality of circumstances.
- The United States appealed; the Tenth Circuit affirmed suppression as to voluntariness of consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Harrison's consent to search voluntary under the totality of circumstances? | Harrison—consent valid; deception not coercive. | Consent was involuntary due to misrepresentation implying danger. | Yes; consent was involuntary; suppression affirmed. |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (consent must be voluntary under totality of circumstances)
- Sawyer v. United States, 441 F.3d 890 (10th Cir. 2006) (factors for voluntariness include deception and coercion)
- Medlin, 842 F.2d 1194 (10th Cir. 1988) (coercive circumstances support suppression)
- Bumper v. North Carolina, 391 U.S. 543 (1968) (asserting authority to search can be coercive if it leaves no right to refuse)
- Hardin ( Sixth Circuit ), - (-) (coercive deception may invalidate consent)
- Zapata v. United States, 997 F.2d 751 (10th Cir. 1993) (standard for reviewing voluntariness and factual findings)
- Kimoana, 383 F.3d 1215 (10th Cir. 2004) (deception tied to scope of consent and evidence of coercion)