United States v. Robert Glenn Danner, Jr., 16-17673

Danner, on probation for prior methamphetamine convictions (2006, 2013), had signed probation conditions waiving Fourth Amendment protections and consenting to searches of his person and residence.
In March 2015 probation officers and a drug task force went to his home based on a tip; officers told Danner he was subject to search under his probation terms.
Danner stepped onto his porch, was coherent, not handcuffed, and not threatened; he signed a written "Waiver of Fourth Amendment Rights" consenting to a warrantless search.
Officers found a loaded revolver, ammunition, drug paraphernalia testing positive for methamphetamine residue, a gun key, and methamphetamine on Danner; he was arrested and given Miranda warnings before a 15-minute custodial interview.
Danner moved to suppress the search evidence and his statements; the district court denied the motions. He entered a conditional guilty plea and appealed the denial of suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consent to the warrantless search was voluntary	Danner: consent was acquiescence to alleged lawful authority; officers’ reminder of probation terms made consent involuntary	Government: consent was voluntary; officers only stated truthful facts and used no coercion	Consent was voluntary; denial of suppression affirmed
Whether officers’ statement about probation terms vitiated consent	Danner: reminder created impression search would occur regardless of consent	Government: truthful statement; not coercive and officers not required to advise right to refuse	Statement did not render consent involuntary
Whether officers were required to inform suspect of right to refuse consent	Danner: failure to inform meant consent was coerced	Government: no such requirement; knowledge of right not prerequisite to voluntary consent	Court held officers were not required to advise of right to refuse
Whether search tainted subsequent statements	Danner: statements should be suppressed as fruit of unlawful search	Government: search lawful based on consent; statements preceded or followed valid Miranda waiver	Court did not reach suppression on that basis because search was voluntary; conviction affirmed

United States v. Watkins, 760 F.3d 1271 (11th Cir.) (standard for reviewing factual consent findings)
United States v. Fernandez, 58 F.3d 593 (11th Cir.) (clear-error review described)
United States v. Spivey, 861 F.3d 1207 (11th Cir.) (consent involuntariness when based on claimed lawful authority)
United States v. Purcell, 236 F.3d 1274 (11th Cir.) (definition of voluntary consent as free and unrestrained choice)
United States v. Blake, 888 F.2d 795 (11th Cir.) (no talismanic definition of voluntary consent)
Lebron v. Secretary, 710 F.3d 1202 (11th Cir.) (involuntary waiver where government condition compels submission)
Schneckloth v. Bustamonte, 412 U.S. 218 (U.S.) (knowledge of right to refuse not prerequisite to voluntary consent)