United States v. Hicks
2011 U.S. App. LEXIS 10668
| 7th Cir. | 2011Background
- Hicks was involved in a shooting investigation; police sought to search Samella Smith’s home where Hicks resided with Smith and her children.
- Detective Armon formed belief there was probable cause to search for a weapon (“the chopper”) based on multiple witnesses and informants.
- Detective Armon did not obtain a warrant initially, intending to arrest Hicks and Stevens and possibly obtain a warrant later.
- Detectives Brown and Armon coordinated the December 24, 2006 arrests at Hicks’s and Stevens’s residences and discussed obtaining a search warrant if needed.
- Armon’s CI and other witnesses linked Hicks or Stevens to a specific 9mm handgun with an extended clip (“the chopper”), and corroborating statements supported probable cause.
- The district court on remand held Armon’s belief was not pretextual and that Smith’s consent to search was voluntary; Hicks appealed arguing lack of reasonable basis and pretextual threat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Armon had a reasonable factual basis for probable cause | Hicks contends Armon’s information was stale and insufficient | Hicks argues the basis was not reasonable or current | Yes; Armon had a reasonable factual basis for probable cause |
| Whether Brown’s warrant-threat was pretextual | Hicks argues the threat to obtain a warrant was baseless | Hicks argues the threat was a genuine expression of intent | No; the threat was genuine, not merely pretextual |
| Whether Smith’s consent was voluntary under the totality of the circumstances | Hicks asserts consent was involuntary due to the warrant threat | Smith voluntarily consented | Yes; consent was voluntary |
Key Cases Cited
- United States v. White, 979 F.2d 539 (7th Cir. 1992) (voluntariness of consent and no coercive pretext if belief in warrant is genuine)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (totality of the circumstances governs voluntariness of consent)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (probable cause standard applied in totality of circumstances)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause requires a practical, common-sense assessment of probability)
- United States v. Brack, 188 F.3d 748 (7th Cir. 1999) (probable cause evaluation in context of informant information)
- United States v. Wiley, 475 F.3d 908 (7th Cir. 2007) (informant corroboration and totality of circumstances in probable cause)
- United States v. Harris, 464 F.3d 733 (7th Cir. 2006) (staleness concerns in corroborated ongoing conduct scenarios)
- United States v. Koerth, 312 F.3d 862 (7th Cir. 2002) (informant tips weighed under totality-of-circumstances)