Is Consent to a Police Search After Telling the Suspect That ''A Search Warrant Would Be Obtained' Considered Voluntary ?
In People v. Bosse, 238 Ill. App. 3d 1008, 605 N.E.2d 593, 178 Ill. Dec. 799 (1992), police officers proceeded to the defendant's apartment after the defendant had fled from an officer.
The defendant answered the door when the police knocked and, upon one of the officers' request to enter the apartment, the defendant stepped back.
The police then entered.
After securing the defendant, an officer conducted a protective sweep of the apartment, during which he observed in plain view a plastic bag that appeared to contain cannabis and a "bong" containing cannabis.
The officer then placed the defendant under arrest for possession of cannabis and informed the defendant that a search warrant would be obtained and a dog used to search the apartment.
The defendant then gave the officer consent to search the apartment.
During the subsequent search, the police discovered additional cannabis and drug paraphernalia. Bosse, 238 Ill. App. 3d at 1010-12.
The trial court granted the defendant's motion to suppress the evidence discovered in the defendant's apartment. Bosse, 238 Ill. App. 3d at 1009.