Motions to Suppress 2d Dist. Consent to Search

Motions to Suppress 2d Dist.
People v. Davis , No. 2-08-0168 (February 24, 2010) Lake Co. (ZENOFF) Reversed.
State failed to prove that Defendant's girlfriend inevitably would have consented to search of her apartment if she had been told only that she was under investigation for her role in battery of victim who told police that drugs were being sold from there. Police officer exploited his discovery of scale and white powder, which dominated conversation, and her consent appeared to be given because of fear of charge for possession of scale and white powder. Thus, consent was involuntary, and evidence found during subsequent search of apartment should have been suppressed.