Officers telling the defendant that they would seek warrant did not render consent to search the vehicle involuntary.
In this case, the district court adopted the magistrate judge’s finding that although the defendant was being watched by deputies while on the property, did not have access to a phone, and was told that a warrant would be sought whether or not he consented to a search of his truck, his consent was not mere acquiescence to government authority. The Eighth Circuit affirmed the defendant’s conviction and held that the district court did not plainly err by finding that defendant’s consent to search the vehicle was voluntary.
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