The following excerpt is from U.S. v. Faruolo, 506 F.2d 490 (2nd Cir. 1974):
Two other decisions, however, uphold a finding of consent in response to statements no more coercive than what was said here. In United States v. Bracer, 342 F.2d 522 (2d Cir. 1965), consent was found notwithstanding that it was given 'with knowledge that the agents could or would obtain a warrant.' Id. at 525. In United States v. Kohn, 495 F.2d 763 (2d Cir. 1974), consent was found notwithstanding the agent's statement that they 'had the 'right' to get one, and that since it was so late they would have to 'secure' the premises, leave a guard, and return with a warrant in the morning.' United States v. Kohn, 365 F.Supp. 1031, 1033 (E.D.N.Y.1973).
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