United States v. Hicks

TINDER, Circuit Judge.

This successive appeal picks up where we left off in United States v. Hicks, 539 F.3d 566, 571-72 & n. 1 (7th Cir.2008) (Hicks I). Did Milwaukee Police Detective Donald Brown base his threat to obtain a search warrant on “a legitimate belief’ that police could obtain a warrant, or was it a pretextual threat potentially rendering the subsequent consent involuntary? In Hicks I, we instructed the district court to determine the factual basis supporting Detective Brown’s statement to Samella Smith — who initially resisted consenting to her home’s search — that if she did not…