United States v. Harold Dean Jones, 641 F.2d 425 (6th Cir. 1981). · Go Syfert
United States v. Harold Dean Jones, 641 F.2d 425 (6th Cir. 1981). Cases Citing This Book View Copy Cite
100 citation events (68 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Ernest Canipe (ca6, 2009-06-30)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Ernest Canipe
6th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
a search based on consent requires more than mere expression of approval to the search.
examined Cited as authority (verbatim quote) United States v. Charles Scott Worley (4×) also: Cited as authority (rule)
6th Cir. · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a search based on consent requires more than mere expression of approval to the search.
discussed Cited as authority (rule) State v. George
Ohio Ct. App. · 2014 · confidence medium
Thus, is George’s “yeah I guess” in response to a request to search, sufficient for the State to meet its burden of clear and convincing evidence supporting a finding of consent? {¶ 47} Indeed, “a search based on consent requires more than the mere expression of approval to the search.” United States v. Jones, 641 F.2d 425, 429 (6th Cir. 1981), overruled on other grounds by Steagald v. United States, 451 U.S. 204 , 101 S.Ct. 1642 , 68 L.Ed.2d 38 (1981), as recognized in United States v. Hardin, 539 F.3d 404, 412 (6th Cir. 2008). {¶ 48} Consent is one exception to the warrant requir…
discussed Cited as authority (rule) United States v. Culp
W.D. Mich. · 2012 · confidence medium
Defendant’s statements, “It’s up to you,” constitute nothing more than mere acquiescence to authority and a cooperative demeanor in a coercive context — being detained for an extended period on the shoulder of the expressway, standing in the rain. “ ‘[A] search based on consent requires more than mere expression of approval to the search.’ ” Worley, 193 F.3d at 386 (quoting United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981)).
discussed Cited as authority (rule) Kovacic v. Cuyahoga County Department of Children & Family Services (2×) also: Cited "see, e.g."
N.D. Ohio · 2011 · confidence medium
The Sixth Circuit has held that the public official must establish an exception to the warrant requirement by “clear and positive proof.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
discussed Cited as authority (rule) United States v. Marquice Bond
6th Cir. · 2011 · confidence medium
Second, Bond argues that in opening his door, he did not consent, but “simply succumbed to [the police officers’] persistent efforts to gain entry.” Indeed, “a search based on consent requires more than the mere expression of approval to the search.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981), overntled on other grounds by Steagald v. United States, 451 U.S. 204 , 101 S.Ct. 1642 , 68 L.Ed.2d 38 (1981), as recognized in United States v. Hardin, 539 F.3d 404, 412 (6th Cir.2008).
cited Cited as authority (rule) United States v. Frankie Little
6th Cir. · 2011 · confidence medium
Voluntary consent must be “uncontaminated by duress, coercion, or trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
discussed Cited as authority (rule) United States v. Real Property & Premises Known as 90-23 201st Street
E.D.N.Y · 2011 · confidence medium
United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (finding consent involuntary where five armed officers banged and kicked the door “very hard” and demanded that it be opened); see, e.g., United States v. Crespo, 834 F.2d 267, 269-270 (2d Cir. 1987) (consent invalid where agents displayed weapons and kicked the door); Jerez, 108 F.3d at 690-92 (finding occupants failure to answer door after three minutes of knocking by police late at night constituted refusal to consent; where police continued to knock, until occupants finally opened door, occupants did not consensually answer door …
discussed Cited as authority (rule) State v. Artic (2×)
Wis. · 2010 · confidence medium
The Medlin situation is unlike the situation here, where the officers expressly told Artic they lacked a warrant and asked for permission to search. ¶ 50 In United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981), the officers requested that the resident open her door, and when the resident refused, they began to kick the door.
discussed Cited as authority (rule) United States v. Canipe
6th Cir. · 2009 · confidence medium
In urging us to construe his conduct as acquiescing to Investigator Hagie’s demands, he emphasizes Hagie’s affirmative responses to defense counsel’s questions at the evidentiary hearing asking whether Canipe “acquiesced.” Canipe also compares his case to Worley , where we interpreted the defendant’s statement — “You’ve got the badge, I guess you can” — in response to law enforcement’s request to search a bag containing illegal drugs as “an expression of futility in resistance to authority or acquiescence] in the officers’ request.” 193 F.3d at 386 (citing United …
examined Cited as authority (rule) United States v. Hardin (3×)
6th Cir. · 2008 · confidence medium
In Jones , observing that “[i]t is ... fundamental that government officials cannot invade the privacy of one’s home without probable cause for the entry,” we summarized Payton as holding that “an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within.” Id. at 428 (emphases added).
examined Cited as authority (rule) United States v. Hardin (3×)
6th Cir. · 2008 · confidence medium
In Jones, observing that “[i]t is . . . fundamental that government officials cannot invade the privacy of one’s home without probable cause for the entry,” we summarized Payton as holding that “an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within.” Id. at 428 (emphases added).
cited Cited as authority (rule) United States v. Lanier
6th Cir. · 2008 · confidence medium
As a matter of Fourth Amendment jurisprudence, “an arrest warrant is not a search warrant,” United States v. Jones, 641 F.2d 425, 428 (6th Cir.1981).
discussed Cited as authority (rule) United States v. King
E.D. Mich. · 2006 · confidence medium
It is the government’s burden to prove that a valid consent was obtained and “that the consent was uncontaminated by duress, coercion, or trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
cited Cited as authority (rule) Butler v. Compton
10th Cir. · 2005 · confidence medium
Moreover, the consent must be “uncontaminated by duress, coercion, or trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
discussed Cited as authority (rule) Aquino v. Honda of America, Inc.
6th Cir. · 2005 · confidence medium
Aquino’s acquiescence was not tainted by “duress, coercion [or] trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (officers kicked in the door, entered with firearms drawn, and claimed to have a warrant) (citations omitted).
discussed Cited as authority (rule) United States v. Gamez
S.D. Ohio · 2005 · confidence medium
As a waiver of the rights provided in the Fourth Amendment, a valid consent must be free and voluntary.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (citing Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973)).
discussed Cited as authority (rule) Myers v. Potter (2×)
6th Cir. · 2005 · confidence medium
Valid consent exists only when it is “ ‘unequivocally, specifically, and intelligently given,’ ” Worley, 193 F.3d at 386 (citation omitted), and it must be “uncontaminated by duress, coercion, or trickery,” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
discussed Cited as authority (rule) Myers v. Potter
6th Cir. · 2005 · confidence medium
Valid consent exists only when it is "`unequivocally, specifically, and intelligently given,'" Worley, 193 F.3d at 386 (citation omitted), and it must be "uncontaminated by duress, coercion, or trickery," United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
examined Cited as authority (rule) Jordan v. Murphy (4×) also: Cited "see, e.g."
6th Cir. · 2005 · confidence medium
This court has held that the public official must establish an exception to the warrant requirement by “clear and positive proof.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (consent search).
discussed Cited as authority (rule) United States v. Soto
6th Cir. · 2005 · confidence medium
The government has the burden of proving that a valid consent was obtained and “that the consent was uncontaminated by duress, coercion, or trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
cited Cited as authority (rule) Causey v. City of Bay City
E.D. Mich. · 2005 · confidence medium
United States v. Radka, 904 F.2d 357, 362 (6th Cir.1990); United States v. Jones, 641 F.2d 425, 428-29 (6th Cir.1981).
discussed Cited as authority (rule) United States v. Walls
6th Cir. · 2004 · confidence medium
We have previously characterized the government’s burden in this regard as establishing that a suspect’s purported consent “was an unequivocal statement of free and voluntary consent, not merely a response conveying an expression of futility in resistance to authority or acquiescing in the officers’ request.” Worley, 193 F.3d at 386 (citing United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981)).
discussed Cited as authority (rule) United States v. Sean Carter (2×)
6th Cir. · 2004 · confidence medium
Similarly, the fourth amendment ... does not require [a police officer] to be clairvoyant."). 24 A number of cases with superficially similar fact-patterns have held that the confrontation between police and suspect was impermissibly tainted by "duress, coercion [or] trickery." United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (search not consented to, where police officers pounded and kicked on door, barged in with firearms drawn before any words were exchanged, and claimed to have a warrant).
discussed Cited as authority (rule) United States v. Carter
6th Cir. · 2004 · confidence medium
But as he was doing have held that the confrontation between police and suspect that, I went on to retrieve the suspected marijuana. was impermissibly tainted by “duress, coercion [or] trickery.” United States v. Jones, 641 F.2d 425, 429 (6th Cir. 1981) Q.
cited Cited as authority (rule) United States v. Carter
6th Cir. · 2002 · confidence medium
United States v. Kelly, 913 F.2d 261, 265 (6th Cir.1990); United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981).
discussed Cited as authority (rule) United States v. Hernandez
E.D. Pa. · 1999 · signal: cf. · confidence medium
See United States v. Talkington, 843 F.2d 1041, 1049 (7th Cir.1988) (noting that standing alone, the presence of several officers at the time consent is requested is not per se coercive); cf. United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (finding consent involuntary where five officers, two armed with shotguns and the others holding drawn pistols, banged and kicked “very hard” at the door); Harless v. Turner, 456 F.2d 1337, 1338 (10th Cir.1972) (finding consent involuntary where four or five agents “routed the defendant and his wife out of bed” at 1:45 in the morning).
cited Cited as authority (rule) United States v. Melvin Currie
6th Cir. · 1995 · confidence medium
United States v. Jones, 641 F.2d 425, 429 (6th Cir. 1981).
cited Cited as authority (rule) United States v. Gilbert
E.D. Mich. · 1993 · signal: cf. · confidence medium
Cf. United States v. Jones, 641 F.2d 425, 429 (6th Cir. 1981) (finding consent was involuntarily given).
discussed Cited as authority (rule) United States v. Jerome Susskind (91-1003) James Rumler (91-1004) and Scott Nickerson (91-1005) (2×)
6th Cir. · 1992 · signal: cf. · confidence medium
Cf. United States v. Jones, 641 F.2d 425, 429-30 (6th Cir.1981) (finding submission to authority rather than voluntary waiver where permission to search was granted only because officers repeatedly kicked defendant’s door).
discussed Cited as authority (rule) State v. Vigil (2×)
Utah Ct. App. · 1991 · confidence medium
See, e.g., United States v. Corral, 899 F.2d 991, 994 (10th Cir.1990); United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981); State v. Kim, 239 Mont. 189 , 779 P.2d 512, 517 (1989); Dickey v. State, 716 S.W.2d 499, 504 (Tex. Crim.
discussed Cited as authority (rule) United States v. Charles Douglas Price
10th Cir. · 1991 · signal: cf. · confidence medium
But see United States v. Shaibu, 895 F.2d 1291, 1293-94 (9th Cir.1990) (reciting presumption) (citing United States v. Page, 302 F.2d 81, 84 (9th Cir.1962) without reference to Schneckloth or post-Schneckloth Ninth Circuit cases, see, e.g., supra ); Tarter v. Raybuck, 742 F.2d 977, 980 (6th Cir.1984) (reciting presumption) (citing no authority), cert. denied, 470 U.S. 1051 , 105 S.Ct. 1749 , 84 L.Ed.2d 814 (1985); cf. United States v. Jones, 641 F.2d 425, 419 (6th Cir.1981) (discussing consent as "waiver” of fourth amendment rights but employing totality of circumstances test without presump…
discussed Cited as authority (rule) United States v. Maria Christina Hurtado and Augustine Aragones, Jr.
5th Cir. · 1990 · confidence medium
Three circuits apply *375 a “clear and positive” evidence standard, United States v. Recalde, 761 F.2d 1448, 1453 (10th Cir.1985); United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981); Judd v. United States, 190 F.2d 649, 651 (D.C.Cir.1951), and three other circuits have applied standards more stringent than the preponderance standard based on the particular circumstances of the case, see United States v. Robinson, 690 F.2d 869, 875 (11th Cir.1982) (airport stop); United States v. Sanchez-Jaramillo, 637 F.2d 1094, 1099 (7th Cir.1980), cert. denied, 449 U.S. 862 , 101 S.Ct. 166 , 66 L.E…
discussed Cited as authority (rule) People v. Poole
Cal. Ct. App. · 1986 · confidence medium
“A. Yes, Sir.” 4 For examples of “technical” entry, see People v. Patterson (1979) 94 Cal.App.3d 456, 459 [ 156 Cal.Rptr. 518 ]; In re Reginald B., supra, 71 Cal.App.3d at page 401 ; and In re William C. (1977) 70 Cal.App.3d 570 , 579-580 [ 138 Cal.Rptr. 843 ]. 5 People v. Reed (1975) 393 Mich. 342 [ 224 N.W.2d 867, 878 ] [six police officers and three members of crime lab]. 6 United States v. Jones (6th Cir. 1981) 641 F.2d 425, 429 [five armed officers, two with shotguns and others with pistols drawn; “overpowering police presence”]; see also People v. Michael (1955) 45 Cal.2d 751…
discussed Cited as authority (rule) Llaguno v. Mingey
7th Cir. · 1984 · confidence medium
See Steagald v. United States, 451 U.S. 204 , 101 S.Ct. 1642 , 68 L.Ed.2d 38 (1981); United States v. Jones, 641 F.2d 425, 428 (6th Cir.1981); Vasquez v. Snow, 616 F.2d 217, 220 (5th Cir.1980); United States v. Manley, 632 F.2d 978, 983 (2d Cir.1980), cert. denied, Williams v. United States, 449 U.S. 1112 , 101 S.Ct. 922 , 66 L.Ed.2d 841 (1981); United States v. Scott, 520 F.2d 697, 700 (9th Cir.1975), cert. denied, 423 U.S. 1056 , 96 S.Ct. 788 , 46 L.Ed.2d 645 (1976); Fisher v. Volz, 496 F.2d 333, 338 (3d Cir.1974).
discussed Cited as authority (rule) Llaguno v. Mingey
7th Cir. · 1984 · confidence medium
See Steagald v. United States, 451 U.S. 204 , 101 S.Ct. 1642 , 68 L.Ed.2d 38 (1981); United States v. Jones, 641 F.2d 425, 428 (6th Cir.1981); Vasquez v. Snow, 616 F.2d 217, 220 (5th Cir.1980); United States v. Manley, 632 F.2d 978, 983 (2d Cir.1980), cert. denied, Williams v. United States, 449 U.S. 1112 , 101 S.Ct. 922 , 66 L.Ed.2d 841 (1981); United States v. Scott, 520 F.2d 697, 700 (9th Cir.1975), cert. denied, 423 U.S. 1056 , 96 S.Ct. 788 , 46 L.Ed.2d 645 (1976); Fisher v. Volz, 496 F.2d 333, 338 (3d Cir.1974).
discussed Cited as authority (rule) Edward Lee Dunn v. The State of Tennessee
6th Cir. · 1983 · confidence medium
Explaining our prior decision in United States v. McKinney, 379 F.2d 259, 263 (6th Cir.1967), noted in the Tennessee Criminal Court of Appeals opinion, we rejected the suggestion that the issuance of an arrest warrant is itself an exceptional circumstance obviating the need for a search warrant and required that “[a]s a constitutional minimum ..., an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within, [cites omitted] ...” United States v. Jones, 641 F.2d 425…
cited Cited "see" State v. Robinson
Oh. Ct. Com. Pl., Summit · 2009 · signal: see · confidence high
See United States v. Jones, 641 F.2d 425 .
discussed Cited "see" Jolley v. Harvell (2×)
6th Cir. · 2007 · signal: see · confidence high
See United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (stating that probable cause does not require “proof beyond a reasonable doubt,” but simply evidence to establish that it is “more likely than not” that a crime has been committed).
discussed Cited "see" United States v. Rizzi
4th Cir. · 2007 · signal: see · confidence high
See United States v. Jones, 641 F.2d 425, 428-30 (6th Cir.1981) (finding search of home invalid because it was conducted at night pursuant to an arrest warrant for defendant who was not at the home searched and entry was made with an extreme showing of force); Harless v. Turner, 456 F.2d 1337, 1338-39 (10th Cir. 1972) (finding search of vehicle invalid because it was warrantless and permission was obtained by four or five officers in the middle of the night after waking the defendant from his sleep). *286 Finally, the record reveals that not all twenty-four officers were involved in the execut…
cited Cited "see" United States v. Cucci
W.D. Va. · 1995 · signal: see · confidence high
See United States v. Jones, 641 F.2d 425 (6th Cir.1981) (five officers with two shotguns and pistols drawn were "overpowering police presence”).
discussed Cited "see, e.g." State v. Hughes
Ohio Ct. App. · 2018 · signal: see also · confidence medium
Ashtabula No. 2017-A-0038, 2018-Ohio-2675, ¶13 , citing Cooks, supra, at ¶10 ; see also United States v. Hardin, 539 F.3d 404, 410 (6th Cir.2008), quoting United States v. Jones, 641 F.2d 425, 428 (6th Cir.1981); State v. Chavez, 2d Dist.
discussed Cited "see, e.g." United States v. Raymond Leroy Talkington
7th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., United States v. Jones, 641 F.2d 425, 429 (6th Cir.1981) (defendant was confronted by “five police officers at the scene, all of them armed, two with shotguns and others with pistols drawn”); United States v. Marshall, 488 F.2d 1169, 1188-89 (9th Cir.1974) (defendant “was confronted by several agents — some with drawn guns, who were obviously determined to enter [defendant’s home]”); Harless v. Turner, 456 F.2d 1337, 1338 (10th Cir.1972) (four or five agents “routed the defendant and his wife out of bed” at 1:45 in the morning).
cited Cited "see, e.g." United States v. Jack Leroy Underwood
9th Cir. · 1983 · signal: see also · confidence low
See also United States v. Jones, 641 F.2d 425 , 428 n. 3 (6th Cir.1981) (dictum); State v. Miller, 316 N.W.2d 23, 28 (Minn.1982) (dictum).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Harold Dean JONES, Defendant-Appellant
79-5325.
Court of Appeals for the Sixth Circuit.
Feb 12, 1981.
641 F.2d 425
1981 U.S. App. LEXIS 20246
Thomas Stanley, Flint, Mich., for defendant-appellant., James K. Robinson, U. S. Atty., Francis Zebot, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.
Weick, Jones, Duncan.
Cited by 65 opinions  |  Published
WEICK, Circuit Judge.

Harold Dean Jones appeals from his conviction by a jury and his sentence in the United States District Court for the Eastern District of Michigan on count two of a six count indictment charging receipt of firearms, in violation of 18 U.S.C. § 922(h)(1), on count five, possession of up to eight firearms, in violation of 18 U.S.C. App. § 1202(a)(1), and on count six, possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Jones was sentenced to five years imprisonment and fined $5000 on count two, a concurrent term of two years imprisonment and a $5000 fine on count five and a consecutive term of one year imprisonment and a $3000 fine on count six. He was found not guilty on the other counts of the indictment.

Jones’ convictions were based largely upon evidence seized during four separate searches of residences made by police: a search on January 21, 1978 of the residence of Sarah Howard, Jones’ girlfriend, two additional searches of Sarah Howard’s residence in May of 1978, and a search of Jones’ residence on May 26, 1978. Before trial, Jones moved to suppress all the evidence seized during these searches. The District Court, following a hearing on the motion, suppressed certain evidence seized in the search of Jones’ residence, but denied the motion as to the search of Sarah Howard’s residence and in all other respects. On[*427] appeal, Jones contends that the January search of Sarah Howard’s residence was illegal. He also contends that the three subsequent searches and seizures were fruits of the first. The government concedes this latter point, and we agree with Jones that the January search was illegal. We accordingly reverse.

I.

Sometime during the late afternoon or early evening of January 21, 1978, Officer Colin Perry of the Flint, Michigan Police Department, spoke with a confidential informant who told him that there was a “possibility” that Earl Jones, a felony suspect and defendant-appellant Harold Dean Jones’ brother, could be found at 327 West Taylor Street, the residence of Sarah Howard, Harold Dean Jones’ girlfriend. The informant did not tell Officer Perry why he believed Earl Jones might be at Sarah Howard’s home, nor did he indicate exactly when or for how long Earl Jones might possibly be there. Officer Perry, however, believed that Harold Dean Jones was living at 327 West Taylor Street. [1] He also had personal knowledge that at least two years earlier Harold and Earl Jones “used to associate together quite a bit.” [2]

Between 8:00 p. m. and 9:00 p. m., or roughly one to three hours after receiving the tip, Officer Perry and five other Flint, Michigan police officers met at 327 West Taylor to look for Earl Jones. The police surrounded the house while Officer Perry went to the front door and knocked. According to Officer Perry’s testimony at the suppression hearing, a male voice answered first, asking who was there. Officer Perry said it was the police. After a short pause, a female voice asked if the officers had a warrant. Officer Perry answered that they did. Perry then began to pound “very hard” on the door and to holler, “Police, open the door.” No one opened the door.

An officer stationed at the rear of the house called out that there was a man looking out a window. Officer Perry began to kick the door “very hard”. Soon thereafter, a female voice stated, “Wait a minute, I’ll open the door.”

Exactly what happened next was the subject of some dispute at the suppression hearing. Sarah Howard testified that all six officers rushed in the house with guns drawn, searched a carpenter who had been working in the basement, and ordered everyone to sit on a sofa in the living room. She further testified that none of the officers told her that they had a warrant, nor did any officer ask for her consent to search the house. Officer Perry, on the other hand, testified that when Sarah Howard opened the [1] door, he walked into the house and told her that he had a “warrant for Earl Jones,” though he did not specify that the warrant was an arrest warrant and not a warrant to search the house for Earl Jones, that Sarah Howard told Perry that Earl Jones was not at the house, but he could look around if he wanted.

Other officers testified that Perry talked ■ with Sarah Howard in the doorway, not in the house, and that the persons in the house were “boisterous” when Perry talked to them. It is clear from the testimony of all the officers that all were armed, two with shotguns and the others with revolvers, at least one or two had their guns drawn, and all the officers entered the house together with Perry or within seconds of his entering.

Once inside the house, the officers conducted a general search in which they found in “plain view” three rifles in a closet in one bedroom, a pistol between the mattress and boxsprings of a bed in another bedroom, a[*428] shotgun in a closet inside the main entrance, and a pistol in a shoulder holster on a bed in still another bedroom. In addition to the guns, the officers found and seized a “seal-a-meal” and a kitchen scale. They also checked and called in serial numbers on some stereo equipment to ascertain whether it was stolen. The officers, however, did not find Earl Jones. Harold Dean Jones also was not at the house, though he arrived after the search but before the officers had left.

Both the government and Jones agree that the legality of the January 21, 1978 search depends upon an affirmative answer to either one of two questions: (1) whether the existence of an arrest warrant for Earl Jones authorized entry into Sarah Howard’s home, or (2) whether Sarah Howard authorized the search by consenting to it. The District Court answered yes to both, holding that the “police officers entered the residence on the authority of an arrest warrant and with the consent of one of its occupants to search for an individual who was believed to be present.” We disagree with the District Court on both questions.

II.

We begin with the obvious — an arrest warrant is not a search warrant. By itself, an arrest warrant signifies no more than there is a reason to believe the person named in the warrant has committed a crime. It is, however, fundamental that government officials cannot invade the privacy of one’s home without probable cause for the entry. As a constitutional minimum therefore, an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within. [3] Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).

This much the government acknowledges. The government contends, however, that the Flint police officers had probable cause to believe Earl Jones was inside Sarah Howard’s residence based on the following: (1) the informant’s tip that there was a “possibility” that Earl Jones was at Sarah Howard’s residence, (2) Officer Perry’s knowledge that Earl and Harold Dean Jones, a couple of years before, “used to associate together quite a bit,” (3) a male voice responded to Officer Perry’s initial pounding on the door, (4) a police officer saw a male look out a back window of the house sometime after Officer Perry began pounding on the door, and (5) the occupants of the house delayed in opening the door after having been told the officers had “a warrant”.

We view the facts on which the government relies as suggesting no more than the possibility that Earl Jones was in Sarah Howard’s residence. The informant’s tip, on its face, indicated no more, and even this tip cannot be given great weight since the informant provided Officer Perry no information by which he could measure its reliability. See, Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964). Officer Perry’s knowledge that Earl and Harold Jones “used to associate together,” even if correct, was based on events occurring at least two years before the search, and in any event, did not justify a belief that Earl Jones, on the evening of the search, was at the home of his brother’s girlfriend. [4] That a male voice responded to Officer Perry’s knocking, and an officer[*429] saw a man look out a window, did not negate the possibility that Earl Jones was inside, but these facts more readily suggest that Harold rather than Earl Jones was in the house since it was the residence of his girlfriend. Finally, we fail to see how Sarah Howard’s delay in opening the door would suggest that Earl Jones was present when the occupants had no reason to suspect that it was Earl Jones the police were looking for.

To satisfy the probable cause requirement, the police officers did not have to eliminate all possibilities other than that Earl Jones could be found in 327 West Taylor Street. United States v. Delguyd, 542 F.2d 346, 351 (6th Cir. 1976). They were required only to have had sufficient trustworthy information to suggest that Earl Jones’ presence was more likely than not. Here, however, the facts on which the government relies to show probable cause indicate no more than Earl Jones’ presence was not impossible; they certainly do not suggest that it was probable or likely.

The legality of the January 21, 1978 search therefore turns upon whether Sarah Howard authorized the entry by consenting to it. At the outset, we note our acceptance of the District Court’s finding that Sarah Howard told the police officers that they could search. Though Sarah Howard testified otherwise, we must accept the District Court’s finding unless “clearly erroneous,” United States v. Canales, 572 F.2d 1182 (6th Cir. 1978), and the District Court was certainly in a better position than are we to judge the credibility of the witnesses and to resolve the conflicts in their testimony-

But a search based on consent requires more than the mere expression of approval to the search. As a waiver of the rights provided in the Fourth Amendment, a valid consent must be free and voluntary, Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed. 797 (1968). The burden of proving a valid consent was on the government, and as we have repeatedly held, this burden required “clear and positive” proof that the consent was uncontaminated by duress, coercion, or trickery. United States v. Scott, 578 F.2d 1186, 1188-89 (6th Cir.), cert. denied, 439 U.S. 870, 99 S.Ct. 201, 58 L.Ed.2d 182 (1978); United States v. McCaleb, 552 F.2d 717, 721 (6th Cir. 1977). In the instant case, we believe the government failed to meet its burden, and the District Court’s finding that it did is not supported by substantial evidence and is clearly erroneous.

Viewing the “totality of the circumstances” as we must, Schneckloth v. Bustamonte, 412 U.S. at 227, 93 S.Ct. at 2047, we think the facts admit of only one credible inference: that Sarah Howard’s permission to search “was granted in submission to authority rather than as an understanding and intentional waiver of a constitutional right.” Johnson v. United States, 333 U.S. 10, 13, 68 S.Ct. 367, 368, 92 L.Ed. 436 (1948). We note first that there were five police officers at the scene, all of them armed, two with shotguns and others with pistols drawn. Sarah Howard’s attention to their presence was drawn not by a polite knock on the door, but by Officer Perry’s banging, “very hard” on the door and hollering, “Police, open the door.” From the very beginning, Sarah Howard indicated that she did not intend to volunteer her assistance. She asked the police if they had a warrant, when the police said that they did, she still refused to open the door. It was only until Officer Perry began to kick the door “very hard” that she opened the door. And she extended her permission only after she was told the officers had a warrant for Earl Jones.

Given these undisputed facts, we believe it was error to uphold consent from the mere assent to the search. Kirvelaitis v. Gray, 513 F.2d 213 (6th Cir.), cert. denied, 423 U.S. 855, 96 S.Ct. 103, 46 L.Ed.2d 80 (1975). The overpowering police presence, the kicking and banging on the door, the assertion of lawful authority, all suggest that Sarah Howard had no real choice other than to let the police search. They did not tell her that she had the right to refuse and[*430] the conduct of the police certainly suggested that no such right existed.

For the foregoing reasons, the judgment of conviction of the District Court is reversed, and the cause is remanded with instructions to dismiss the indictment.

1

. This belief was based on Perry’s having seen Harold Dean Jones’ car parked in front of the house. Though it is not clear from the record, it appears that Sarah Howard and her infant daughter lived in the house alone at the time of the search. Though Officer Perry did not know it at the time, Harold Dean Jones was the owner of the house.

2

. Based on this knowledge, Officer Perry had stopped Harold Dean Jones’ motor home a number of times prior to the January search to look for Earl Jones. On no occasion, however, did Perry find Earl Jones in the motor home.

3

. Payton makes it clear that no more is required where entry is to the residence of the suspect. Payton, however, did not answer whether more is required where, as here, entry is to the premises of a third person. Payton v. New York, 445 U.S. at 573, 100 S.Ct. at 1378. This court has held that an arrest warrant and probable cause is sufficient, United States v. McKinney, 379 F.2d 259 (6th Cir. 1967), but other courts have since held or suggested that more is required. See e. g., Fisher v. Volz, 496 F.2d 333, 341-43 (3rd Cir. 1974); Government of the Virgin Islands v. Gereau, 502 F.2d 914, 928 (3rd Cir. 1974); United States v. Cravero, 545 F.2d 406, 415, 421 (5th Cir. 1976); United States v. Ford, 553 F.2d 146, 159 n. 45 (D.C.Cir. 1977). Wallace v. King, 626 F.2d 1157 (4th Cir. 1980).

4

. This is particularly true where Officer Perry knew that Harold and Earl Jones were not always found together. See note 2, supra.