United States v. James Thomas Crowder, 62 F.3d 782 (6th Cir. 1995). · Go Syfert
United States v. James Thomas Crowder, 62 F.3d 782 (6th Cir. 1995). Cases Citing This Book View Copy Cite
“we would create a catch-22 were we to hold that, although a miranda violation alone does not require the exclusion of evidence obtained as a result, a miranda violation alone does demonstrate sufficient coercion to require such an exclusion.”
108 citation events (82 in the last 25 years) across 22 distinct courts.
Strongest positive: United States v. Amador Magallon Guerrero (ca6, 2026-03-03) · Strongest negative: United States v. Hicks (gand, 2008-04-10)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Hicks
N.D. Ga. · 2008 · signal: but see · confidence high
But see United States v. Crowder, 62 F.3d 782, 785-86 (6th Cir.1995) (holding that officer interrogated suspect when he sought additional information about the location of a gun after the suspect stated that gun was “in the wood”).
discussed Cited "but see" United States v. Rommy
2d Cir. · 2007 · signal: but see · confidence high
But see United States v. Crowder, 62 F.3d 782, 785-86 (6th Cir.1995) (holding that police officer interrogated suspect when, after suspect stated that shotgun was “in the wood,” officer asked clarifying question about location).
discussed Cited as authority (verbatim quote) United States v. Amador Magallon Guerrero
6th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
a legal arrest in the home does not constitute evidence of coercion.
examined Cited as authority (verbatim quote) Singleton v. Carter (3×) also: Cited as authority (rule), Cited "see, e.g."
6th Cir. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we would create a catch-22 were we to hold that, although a miranda violation alone does not require the exclusion of evidence obtained as a result, a miranda violation alone does demonstrate sufficient coercion to require such an exclusion.
examined Cited as authority (quoted) Curry v. Furnish (3×) also: Cited as authority (rule)
W.D. Ky. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a subjective belief of coercion is not enough to vitiate voluntariness
discussed Cited as authority (rule) Lanham v. United States
W.D. Tenn. · 2022 · confidence medium
Miranda, 384 U.S. at 444 . “[U]nwarned statements made during a custodial interrogation are not admissible, regardless of whether the statements were voluntary or whether a constitutional violation occurred.” United States v. Crowder, 62 F.3d 782, 786 (6th Cir. 1995).
discussed Cited as authority (rule) Joseph Gale v. Corrigan O'Donohue
6th Cir. · 2020 · confidence medium
(See R. 75-6, Gale Dep., PageID 1762 (explaining that he “intentionally” let Defendants know he could not recall the amount he had to drink that night given his legal knowledge and background).) 24 19-1503, Gale v. O’Donohue necessarily defeat the voluntariness of consent.9 See United States v. Watson, 423 U.S. 411 , 424– 25 (1976) (arrest); Crowder, 62 F.3d at 788 (6th Cir. 1995) (arrested and handcuffed); United States v. Johnson, 23 F.3d 409, at *5 (6th Cir. 1994) (per curiam) (table) (“[A] defendant’s voluntary consent to a search is not invalid solely because the consent was g…
discussed Cited as authority (rule) United States v. Francisco Herrera
6th Cir. · 2018 · confidence medium
However, a “defendant must show more than a subjective belief of coercion, but also some objectively improper action on the part of the police.” United States v. Higgins, 127 F. App’x 201, 204 (6th Cir. 2005) (quoting United States v. Crowder, 62 F.3d 782, 787 (6th Cir. 1995)).
cited Cited as authority (rule) United States v. Livertis Riley, IV
6th Cir. · 2017 · confidence medium
United States v. Crowder, 62 F.3d 782, 785 (6th Cir. 1995).
cited Cited as authority (rule) United States v. Anthony Gossett
6th Cir. · 2015 · confidence medium
A “defendant must show more than a subjective belief of coercion, but also some objectively improper action on the part of the police.” United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).
discussed Cited as authority (rule) Mallory v. City of Riverside
S.D. Ohio · 2014 · confidence medium
If the individual makes a claim of coercion or improper behavior as a means of trying to invalidate their consent, he or she must show “more than a subjective belief of coercion, but also some objectively improper action on the part of the police.” United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).
cited Cited as authority (rule) United States v. David Thurman
6th Cir. · 2013 · confidence medium
United States v. Collins, 683 F.3d 697, 701-02 (6th Cir.2012) (citing United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995)) (quotations omitted).
cited Cited as authority (rule) United States v. Michael Collins
6th Cir. · 2012 · confidence medium
United States *702 v. Crowder; 62 F.3d 782, 787 (6th Cir.1995).
cited Cited as authority (rule) United States v. One Million, Thirty-Two Thousand, Nine Hundred Eighty Dollars in U.S. Currency ($1,032,980.00)
N.D. Ohio · 2012 · confidence medium
United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995).
discussed Cited as authority (rule) United States v. Fautz
D.N.J. · 2011 · confidence medium
In each of the following cases, the statement was held to be admissible. 54 See Ball, 282 Fed.Appx. at 128 (while defendant watched police look at a stack of twenty dollar bills during search at his residence, he said “[t]hat’s not real money.”); United States v. Brown, 261 Fed.Appx. 371, 374 (3d Cir.2008) (while defendant was being arrested for marijuana that police observed in partially open backpack, he blurted out that there was a gun in the backpack); United States v. McCarty, 475 F.3d 39, 45 (1st Cir.2007) (while defendant was detained in handcuffs during search warrant execution a…
cited Cited as authority (rule) Pueblo v. Millán Pacheco
prsupreme · 2011 · confidence medium
U.S. v. Crowder, 62 F.3d 782, 786 (6to Cir. 1995).
examined Cited as authority (rule) United States v. Stokely (3×) also: Cited "see, e.g."
E.D. Tenn. · 2010 · confidence medium
As noted by the magistrate judge, “the fact of custody alone has never been enough in itself to demonstrate a coerced ... consent to search,” United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995), and a number of other factors can lead to a *882 finding of voluntary consent, including “the absence of any overt act or threat of force ... the absence of any promises to the defendant or any indication of ‘more subtle forms of coercion that might flaw his judgment’; the defendant’s giving his post-arrest consent on a public street and not in the confínes of the police station; the…
examined Cited as authority (rule) United States v. Carlous Clark (4×) also: Cited "see"
6th Cir. · 2010 · confidence medium
We have recognized a number of factors that militate against a finding that consent was voluntary, including: “[yjouth, minimal schooling, or low intelligence; repeated and prolonged questioning; physical punishment such as the deprivation of food or sleep; and promises made ... by the police officers.” United States v. Crowder, 62 F.3d 782, 788 (6th Cir.1995).
discussed Cited as authority (rule) Bucio v. Sutherland (2×)
S.D. Ohio · 2009 · confidence medium
See Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985); United States v. Crowder, 62 F.3d 782, 786 (6th Cir.).
discussed Cited as authority (rule) United States v. Carlos Hunter
6th Cir. · 2009 · confidence medium
Standard of Review “On suppression issues, we review a district court’s findings of fact for clear error, but we review all conclusions of law de novo.” United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995).
discussed Cited as authority (rule) United States v. Bohanon
E.D. Tenn. · 2009 · confidence medium
United States v. Jones, 128 Fed.Appx. 490, 494 (6th Cir.2005); United States v. Crowder, 62 F.3d 782, 786 (6th Cir.1995) (citing Oregon v. Elstad, 470 U.S. 298, 307-09 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985)).
discussed Cited as authority (rule) Montgomery v. Bagley
N.D. Ohio · 2007 · confidence medium
Miranda v. Arizona, 384 U.S. 436, 478-79 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); accord Dickerson v. United States, 530 U.S. 428, 435 , 120 S.Ct. 2326 , 147 L.Ed.2d 405 (2000); Stansbury v. California, 511 U.S. 318, 322 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994); United States v. Myers, 123 F.3d 350, 359 (6th Cir.1997); United States v. Crowder, 62 F.3d 782, 785-86 (6th Cir. 1995).
discussed Cited as authority (rule) United States v. Nuradin M. Abdi (2×)
6th Cir. · 2006 · confidence medium
(JA 28-31.) Viewing the procurement of a warrant as a constitutional requirement whether “it is an administrative warrant or whether it is a criminal matter” (JA 494), the court characterized the Government’s failure to do so prior to Abdi’s arrest as an “insurmountable issue.” (JA 500.) Therefore, the district court found that Abdi’s arrest by ICE agents without an administrative warrant violated 8 U.S.C. § 1357 (a)(2), and the subsequent confessions were tainted unless the Government could “demonstrate not only that the confession was voluntary, but also that a suffi cient b…
discussed Cited as authority (rule) United States v. Higgins
6th Cir. · 2005 · confidence medium
Under the law of this Circuit, however, “the defendant must show more than a subjective belief of coercion, but also some objectively improper action on the part of the police.” United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).
cited Cited as authority (rule) United States v. Hendricks
6th Cir. · 2004 · confidence medium
Id. at 785.
cited Cited as authority (rule) United States v. Protsman
6th Cir. · 2003 · confidence medium
United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995), cert. denied, 516 U.S. 1057 , 116 S.Ct. 731 , 133 L.Ed.2d 682 (1996).
cited Cited as authority (rule) United States v. Boumelhem
6th Cir. · 2003 · confidence medium
Boumelhem now appeals his conviction and States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995)).
discussed Cited as authority (rule) United States v. Ali Boumelhem
6th Cir. · 2003 · confidence medium
We reject both arguments and conclude that the search was reasonable. *419 A. Standard of Review “ ‘On suppression issues, [an appellate court] review[s] a district court’s findings of fact for clear error, but ... review[s] all conclusions of law de novo.’ ” United States v. Haynes, 301 F.3d 669, 676 (6th Cir.2002) (quoting United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995)).
discussed Cited as authority (rule) Walsh v. Erie County Department of Job & Family Services
N.D. Ohio · 2003 · confidence medium
Voluntary consent requires the absence of any overt act or threat of force against the defendant; the absence of any promises to the defendant or any indication of “more subtle forms of coercion that might flaw his judgement”; ... [and] the absence of any indication that the defendant was a “newcomer to the law, mentally deficient, or unable in the face of custodial arrest to exercise a free choice; .... ” United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995) (citations omitted).
discussed Cited as authority (rule) United States v. Cole
6th Cir. · 2002 · confidence medium
In United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995), this court provided further guidance with respect to consent to search questions: In United States v. Watson, 423 U.S. 411 , 96 S.Ct. 820 , 46 L.Ed.2d 598 (1976), the Supreme Court ... identified a number of factors that led to a finding of voluntary consent, including the absence of any over act or threat of force against the defendant; the absence of any promises to the defendant or any indication of “more subtle forms of coercion that might flaw his judgment”; the defendant’s giving his post-arrest consent on a public stree…
discussed Cited as authority (rule) United States v. Scott Lee Haynes (2×)
6th Cir. · 2002 · confidence medium
Discussion A. Standards of Review 36 "On suppression issues, we review a district court's findings of fact for clear error, but we review all conclusions of law de novo. " United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995).
cited Cited as authority (rule) United States v. James Elkins Carol Elkins, United States of America v. Carol Elkins James Elkins
6th Cir. · 2002 · confidence medium
United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).
cited Cited as authority (rule) Fewless Ex Rel. Fewless v. Board of Education of Wayland Union Schools
W.D. Mich. · 2002 · confidence medium
Crowder, 62 F.3d 782, 787 (6th Cir.1995).
discussed Cited as authority (rule) United States v. Newton
E.D.N.Y · 2002 · confidence medium
See United States v. DeSumma, 272 F.3d 176, 179-81 (3d Cir.2001) (“the fruit of the poisonous tree doctrine does not apply to derivative evidence secured as a result of a voluntary statement obtained before Miranda warnings are issued”); United States v. Elie, 111 F.3d 1135, 1142 (4th Cir.1997) (weapons “obtained as a result of an unwarned statement that was voluntary under the Fifth Amendment [not suppressed as] ‘fruit of the poisonous tree’ ”); United States v. Crowder, 62 F.3d 782, 786-88 (6th Cir.1995) (admitting a shotgun discovered due to an unwarned but not coerced statement…
cited Cited as authority (rule) United States v. Davis
6th Cir. · 2001 · confidence medium
See Rhode Island v. Innis, 446 U.S. 291, 300-01 , 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980); United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995).
discussed Cited as authority (rule) State v. Walton (2×) also: Cited "see, e.g."
Tenn. · 2001 · confidence medium
Schulhofer, Confessions and the Court, 79 Mich. L.Rev. 865, 877 (1981)). [12] See, e.g., United States v. Crowder, 62 F.3d 782, 786 (6th Cir.1995) (stating that "non-testimonial physical evidence, such as the shotgun, discovered due to an unwarned statement is admissible if the unwarned statement was voluntary"); United States v. Mendez, 27 F.3d 126, 130 (5th Cir.1994) ("The derivative evidence rule operates [in the Miranda context] only when an actual constitutional violation occurs, as where a suspect confesses in response to coercion."); United States v. Gonzalez-Sandoval, 894 F.2d 1043, 10…
discussed Cited as authority (rule) United States v. Charles Scott Worley (2×)
6th Cir. · 1999 · confidence medium
Defendant ‘must show more than a subjective belief of coercion, but also some objectively improper action on the part of the police.’ United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).” Objectively, the magistrate judge went on to conclude, a reasonable police officer would understand Mr. Worley’s answer to Officer Harvey’s request as unequivocally affirmative: “Defendant gave verbal consent with the words ‘You’ve got the badge, I guess you can.’ These words express consent to search within the context of the facts.
discussed Cited as authority (rule) State v. Linck
Ind. Ct. App. · 1999 · confidence medium
See, e.g., United States v. Mendez (1994) 5th Cir., 27 F.3d 126, 130 (mere violation of Miranda absent constitutional violation does not trigger the “fruits” doctrine and, therefore, derivative evidence is admissible); United States v. Crowder (1995) 6th Cir., 62 F.3d 782, 786 (nontestimonial physical evidence discovered from unwarned statement is admissible if unwarned statement was not product of coercion under Fifth Amendment), cert. denied, 516 U.S. 1057 , 116 S.Ct. 731 , 133 L.Ed.2d 682 .
discussed Cited as authority (rule) United States v. John Van Shutters, II
6th Cir. · 1998 · confidence medium
See Oregon v. Elstad, 470 U.S. 298, 308 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) (“Since there was no actual infringement of the suspect’s constitutional rights, the case was not controlled by the doctrine expressed in Wong Sun that fruits of a constitutional violation must be suppressed”); United States v. Crowder, 62 F.3d 782, 787-88 (6th Cir.1995).
discussed Cited as authority (rule) United States v. James Erwin, Jr. (2×)
6th Cir. · 1998 · confidence medium
United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995), cert. denied, 516 U.S. 1057 , 116 S.Ct. 731 , 133 L.Ed.2d 682 (1996).
discussed Cited as authority (rule) People v. Magallanes-Aragon
Colo. · 1997 · confidence medium
See Illinois v. Rodriguez, 497 U.S. 177, 188 , 110 S.Ct. 2793, 2801 , 111 L.Ed.2d 148 (1990); United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995) (the defendant must show more than a subjective belief of coercion), cert. denied, — U.S. -, 116 S.Ct. 731 , 133 L.Ed.2d 682 (1996); Capps , 162 Colo, at 327, 426 P.2d at 191 (“[A]ll the evidence, including the various circumstances of the giving of consent, must be objectively viewed with diligent care by the trial court ....”); see also Johnson, 865 P.2d at 845 (consent voluntary because police officers did not act threateningly or intr…
discussed Cited as authority (rule) United States v. Patrick Elie A/K/A Patrick Gerald Elie, A/K/A Marie Patrick Elie (2×)
4th Cir. · 1997 · confidence medium
Accordingly, derivative evidence obtained as a result of an unwarned statement that was voluntary under the Fifth Amendment is never "fruit of the poisonous tree." See id. at 309 , 105 S.Ct. at 1293 ; see also Correll v. Thompson, 63 F.3d 1279, 1290 (4th Cir.1995) (noting that evidence obtained in violation of Miranda is not necessarily tainted), cert. denied, 516 U.S. 1035 , 116 S.Ct. 688 , 133 L.Ed.2d 593 (1996); United States v. Crowder, 62 F.3d 782, 786-88 (6th Cir.1995) (noting that the "fruit of the poisonous tree" doctrine does not apply to evidence obtained as a result of an unwarned s…
discussed Cited as authority (rule) United States v. Elie
4th Cir. · 1997 · confidence medium
Accordingly, derivative evidence obtained as a result of an unwarned statement that was voluntary under the Fifth Amendment is never "fruit of the poisonous tree." See id. at 309; see also Correll v. Thompson, 63 F.3d 1279, 1290 (4th Cir. 1995) (noting that evidence obtained in violation of Miranda is not necessarily tainted), cert. denied, 116 S. Ct. 688 (1996); United States v. Crowder, 62 F.3d 782, 786-88 (6th Cir. 1995) (noting that the "fruit of the poisonous tree" doctrine does not apply to evidence obtained as a result of an unwarned statement if the statement was voluntary under the Fi…
discussed Cited as authority (rule) Andre v. Castor
M.D. Fla. · 1997 · confidence medium
The Court questions the defendants’ reliance on: (1) United States v. Watson, 423 U.S. 411, 424 , 96 S.Ct. 820, 828 , 46 L.Ed.2d 598 (1976); (2) United States v. Gonzales, 79 F.3d 413, 421 (5th Cir.), cert. denied, — U.S. —, 117 S.Ct. 183 , 136 L.Ed.2d 122 (1996); (3) United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995); (4) United States v. Miller, 20 F.3d 926, 930 (8th Cir.1994), cert. denied, 513 U.S. 886 , 115 S.Ct. 226 , 130 L.Ed.2d 152 (1994); and (5) United States v. Manuel, 992 F.2d 272, 275 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Calvin B. Murphy (2×)
6th Cir. · 1997 · confidence medium
United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995), cert. denied, — U.S. —, 116 S.Ct. 731 , 133 L.Ed.2d 682 (1996).
cited Cited as authority (rule) United States v. Herman Orange Wilson
6th Cir. · 1996 · confidence medium
United States v. Crowder, 62 F.3d 782, 785 (6th Cir.1995), cert. denied, 116 S.Ct. 731 (1996).
cited Cited "see" United States v. Robin Perry
6th Cir. · 2013 · signal: see · confidence high
See United States v. Crowder, 62 F.3d 782, 787 (6th Cir.1995).
discussed Cited "see" United States v. Baker
W.D. Tenn. · 2010 · signal: see · confidence high
See United States v. Crowder, 62 F.3d 782, 786 (6th Cir.1995) (quoting Oregon v. Elstad, 470 U.S. 298, 306 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985)) (holding that a Fourth Amendment violation may taint a subsequent confession).
discussed Cited "see" State v. Melvin, 88611 (7-26-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See United States v. Crowder (C .A.6, 1995), 62 F.3d 782 , 788 . *Page 14 {¶ 37} When, however, consent is obtained during an illegal detention, the consent is negated "even though voluntarily given if [the consent is] the product of the illegal detention and not the result of an independent act of free will." Florida v. Royer (1983), 460 U.S. 491 , 501 , 103 S.Ct. 1319 , 75 L.Ed.2d 22 .
cited Cited "see" State v. Riggins, Unpublished Decision (8-13-2004)
Ohio Ct. App. · 2004 · signal: see · confidence high
See United States v. Crowder (C.A. 6, 1995), 62 F.3d 782 , 788 . {¶ 19} Riggins had been lawfully detained for only a brief period before Officer Harper sought consent to search.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James Thomas CROWDER, Defendant-Appellant
19-3078.
Court of Appeals for the Sixth Circuit.
Aug 8, 1995.
62 F.3d 782
Richard Leigh Grinalds, Asst. U.S. Atty. (argued and briefed), Jackson, TN, for plaintiff-appellee., G. William Hymers, III (argued and briefed), Jackson, TN, for defendant-appellant.
Boggs, Batchelder, Aldrich.
Cited by 83 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: W.D. Kentucky (1)
BATCHELDER, Circuit Judge.

The defendant in this case appeals his conviction for violation of 18 U.S.C. § 922(g) and 26 U.S.C. §§ 5841, 5861(d), and 5871. The issue on appeal is the admissibility of evidence obtained as a result of a consent to search given by a defendant before hearing Miranda warnings.

I.

James Crowder, the defendant, was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and with possession of a shotgun with a barrel length of less than eighteen inches in violation of 26 U.S.C. § 5841, 5861(d), and 5871. The defendant filed motions to suppress a[*785] sawed-off shotgun seized by the officers, oral statements he made to the officers when he was arrested, and a written statement he gave while in custody. The district court overruled these motions and the defendant entered a conditional guilty plea to both counts.

On October 29, 1993, Police Officers Sylvester and Davis and Chief of Police Cannon investigated an incident in which the defendant had allegedly fired a gun over his neighbor’s head. At the suppression hearing, the district court found that the police confronted the defendant in front of his home and obtained his permission to search the house. Once inside the house, the officers arrested and handcuffed the defendant and searched the house for the gun, but did not find it.

The defendant then told the police that the gun was at the home of his girlfriend’s mother, so the officers placed him in the back of Officer Davis’s squad car and took him to that residence. After a consensual search of that home yielded no weapon, the police placed the girlfriend in the back of another squad car, although they did not arrest her. The defendant (who was still handcuffed) then “pecked” at the squad car window to get Chief Cannon’s attention and told him, “I will tell you where the gun’s at.” The defendant stated that the weapon was located “in the wood.” Apparently, by “in the wood,” the defendant meant that the gun was in the attic of his home. Officer Davis was confused by the phrase “in the wood” and as they were returning to the defendant’s house, he asked the defendant questions about the location of the gun. The defendant gave permission to enter his house for a second search and led the police to a sawed-off shotgun. At no time during this series of events did the officers advise the defendant of his Miranda rights.

Ten days later, on November 8, 1993, Criminal Investigator Derr advised the defendant of his Miranda rights and had him sign a full consent to waive those rights. During the ensuing interview, the defendant gave a four-page statement. It is undisputed that this was the first time that Miranda warnings were given to the defendant in connection with these offenses.

II.

In this appeal, the defendant claims that the shotgun and all of his statements were inadmissible because (1) the defendant’s consent to search his residence was the product of coercion by the police; (2) the evidence obtained in the search would not have been inevitably discovered absent his consent to search; (3) all of the defendant’s oral statements should have been suppressed due to the lack of Miranda warnings; and (4) the defendant’s confession resulted from coercion and should have been suppressed. The defendant does not challenge his arrest or the district court’s finding that the police officers had probable cause to arrest him. For the following reasons, we hold that the district court did not err in denying the motions to suppress the statements and the shotgun.

On suppression issues, we review the district court’s findings of fact for clear error, but we review all conclusions of law de novo. United States v. Bencs, 28 F.3d 555, 558-59 (6th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 915, 130 L.Ed.2d 796 (1995).

A.

The defendant argues that “any oral statements given to the officers after [the defendant] was in custody should have been suppressed.” The district court found that the defendant was not subject to custodial interrogation when he “pecked” at the window and stated “I will tell you where the gun’s at,” but that he was subject to custodial interrogation when he subsequently answered any questions, such as Officer Davis’s attempts to clarify what the defendant meant by “in the wood.”

We agree. While the defendant was in custody upon his arrest, Miranda warnings were required only when the defendant was in custody and was subject to interrogation, which is defined as “express questioning or its functional equivalent.” Rhode Island v. Innis, 446 U.S. 291, 300-01, 100 S.Ct. 1682, 1689, 64 L.Ed.2d 297 (1980) (“[T]he special procedural safeguards outlined in Miranda are required not where a[*786] suspect is simply taken into custody, but rather where a suspect in custody is subjected to interrogation.”); United States v. Montano, 613 F.2d 147, 149 (6th Cir.1980). In this case, the defendant’s initiation of contact with Chief Cannon and offer to tell him the location of the gun were not the result of either express questioning or its functional equivalent. His statements relating to the second consent to search his home, and that consent itself, however, were statements made when the defendant was in custody and subject to interrogation.

B.

It is undisputed that the defendant’s second consent to search his home and his statements relating to that consent were made prior to his receiving Miranda warnings. The admissibility of the shotgun and the subsequent written confession, therefore, depends on whether the defendant’s consent and statements which led to the seizure of the shotgun were voluntary.

In Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985), the Supreme Court emphasized that the Miranda exclusionary rule “differs in significant respects” from the Fourth Amendment exclusionary rule. Id. at 306, 105 S.Ct. at 1291. A Fourth Amendment violation taints a subsequent confession, for example, unless the prosecution can demonstrate not only that the confession was voluntary, but also that a sufficient break in the events occurred “to undermine the inference that the confession was caused by the Fourth Amendment violation.” Id. By comparison, unwarned statements made during a custodial interrogation are not admissible, regardless of whether the statements were voluntary or whether a constitutional violation occurred. Id. at 307, 105 S.Ct. at 1292. This automatic exclusion, however, does not extend to evidence obtained as a result of the unwarned statement, because the failure to deliver Miranda warnings is not itself a constitutional violation, and the Miranda presumption “does not require that the statements and their fruits be discarded as inherently tainted.” Id. Instead, so long as the unwarned statement was voluntary under the Fifth Amendment, the other evidence is admissible. Id. at 309, 105 S.Ct. at 1293.

A suspect’s warned confession, given after he made unwarned and inculpatory statements, is admissible if the unwarned statements were voluntary. Id. at 308-09, 105 S.Ct. at 1292-93. In Elstad, the Supreme Court stated that “[a] subsequent administration of Miranda warnings to a suspect who has given a voluntary but unwarned statement ordinarily should suffice to remove the conditions that precluded admission of the earlier statement.” Id. at 314, 105 S.Ct. at 1296. [1]

Similarly, non-testimonial physical evidence, such as the shotgun, discovered due to an unwarned statement is admissible if the unwarned statement was voluntary. United States v. Sangineto-Miranda, 859 F.2d 1501 (6th Cir.1988). In Sangineto-Miranda, this Court refused to suppress narcotics found in a suspect’s truck, even though the officers’ knowledge of the existence and location of the truck was proximately derived from the suspect’s unwarned and suppressible answer to a question from the officer. Id. at 1518.

Because the unwarned statements in question involve a consent to search, we apply the test set forth in[*787] Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973), and its progeny. Whether a consent to search is voluntary is a question of fact, to be proved by the government, id. at 222, 93 S.Ct. at 2045, and determined from the “totality of all the circumstances.” Id. at 227, 93 S.Ct. at 2048; see also United States v. Scott, 578 F.2d 1186, 1189 (6th Cir.), cert. denied, 439 U.S. 870, 99 S.Ct. 201, 58 L.Ed.2d 182 (1978). Those circumstances include “evidence of minimal schooling, low intelligence, and the lack of any effective warnings to a person of his rights,” Bustamonte, 412 U.S. at 248, 93 S.Ct. at 2058, as well as evidence concerning “the youth of the accused,” “the length of detention,” “the repeated and prolonged nature of the questioning,” and “the use of physical punishment such as the deprivation of food or sleep.” Id. at 226, 93 S.Ct. at 2047. Further, the accused’s knowledge of his right to refuse to consent is only one factor — not a prerequisite — -in establishing voluntary consent. Id. at 249, 93 S.Ct. at 2059.

In United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976), the Supreme Court applied Bustamonte to a defendant who consented to a search while in custody. [2] Specifically stating that “the fact of custody alone has never been enough in itself to demonstrate a coerced confession or consent to search,” id. at 424, 96 S.Ct. at 828, the Watson Court identified a number of factors that led to a finding of voluntary consent, including the absence of any overt act or threat of force against the defendant; the absence of any promises to the defendant or any indication of “more subtle forms of coercion that might flaw his judgment”; the defendant’s giving his post-arrest consent on a public street and not in the confines of the police station; the absence of any indication that the defendant was “a newcomer to the law, mentally deficient, or unable in the face of custodial arrest to exercise a free choice”; and the defendant’s receiving Miranda warnings and notification that the results of the search could be used against him. Id. at 424-25, 96 S.Ct. at 828; see United States v. Blakeney, 942 F.2d 1001, 1016 (6th Cir.1991), cert. denied, 502 U.S. 1008, 112 S.Ct. 646, 116 L.Ed.2d 663 (1991), and cert. denied, 502 U.S. 1035, 112 S.Ct. 881, 116 L.Ed.2d 785 (1992).

In the present case, the district court did not err in finding that the defendant voluntarily made the statements that provided the police with consent to search and led to the seizure of the shotgun. The defendant’s arguments that his statements were coerced are without merit.

The defendant first argues that he made the statements only because he thought the officers were arresting his girlfriend. Although the Watson Court recognized “subtle forms of coercion that might flaw [the defendant’s] judgment,” the defendant must show more than a subjective belief of coercion, but also some objectively improper action on the part of the police. The district court found as a matter of fact that Chief Cannon did not threaten to arrest the defendant’s girlfriend. That finding is not clearly erroneous. The district court correctly held that the defendant’s impression that the officers were arresting his girlfriend did not render his consent involuntary. [3]

The defendant also attempts to use the fact of his arrest in his home to show coercion. If the officers had illegally arrested the defendant in his home, then this Fourth Amendment violation would have triggered a “fruit of the poisonous tree” anal[*788] ysis to determine the admissibility of the shotgun and the written confession. See United States v. Richardson, 949 F.2d 851, 858-59 (6th Cir.1991); United States v. Morgan, 743 F.2d 1158, 1167 (6th Cir.1984), cert. denied, 471 U.S. 1061, 105 S.Ct. 2126, 85 L.Ed.2d 490 (1985). To find an illegal arrest in the home, the officers must have effected a warrantless and nonconsensual entry into the home to make the routine felony arrest. Payton v. New York, 445 U.S. 573, 576, 100 S.Ct. 1371, 1375, 63 L.Ed.2d 639 (1980). Here, the district court found that the defendant “had given consent to search the house prior to his arrest when the officers first pulled up” and the defendant did not appeal this ruling. A legal arrest in the home does not constitute evidence of coercion.

Finally, the defendant asserts that the officers’ failure to read his Miranda rights upon his arrest contributes to a coercive environment. The defendant is correct that this is an important factor. In Watson, the Supreme Court implicitly held that the lack of Miranda warnings was an element of coercion. Watson, 423 U.S. at 425, 96 S.Ct. at 828. In United States v. Jones, 846 F.2d 358 (6th Cir.1988), this Court emphasized the officers’ failure in this regard. [4] Id. at 361. As Elstad and Sangineto-Miranda demonstrate, however, a Miranda violation by itself cannot require the exclusion of evidence gained as a result of the unwarned statements. We would create a Cateh-22 were we to hold that, although a Miranda violation alone does not require the exclusion of evidence obtained as a result, a Miranda violation alone does demonstrate sufficient coercion to require such an exclusion. The defendant’s first two arguments do not raise cognizable elements of coercion; his third argument, that his statements were coerced because unwarned, is insufficient to prevent a finding of voluntariness.

The record demonstrates that the government satisfied its burden of presenting evidence that the defendant’s second consent to search his home, and his statements related to that consent, were voluntary. Furthermore, although the district court did not provide this analysis, the record contains no evidence of the factors identified in Busta-monte and Watson which militate against a finding of voluntariness: Youth, minimal schooling, or low intelligence; repeated and prolonged questioning; physical punishment such as the deprivation of food or sleep; and promises made to him by the police officers. Finally, it is clear from the record that the defendant was not “a newcomer to the law,” but had been arrested several times before.

We hold that the defendant’s statements— beginning when he “pecked” at the squad car window and concluding when the police seized the shotgun — were voluntary. Therefore, the shotgun and written confession, obtained as a result of those statements, were admissible.

III.

Because we affirm the district court’s decision to deny the defendant’s motion to suppress the evidence under the voluntariness analysis, we do not reach the district court’s alternative grounds for denial under the inevitable discovery doctrine.

IV.

For the foregoing reasons, the district court’s denial of the motions to suppress evidence is AFFIRMED.

1

. Even if the defendant's unwarned statements were not voluntary, the written confession was still admissible. Under Elstad, when a prior statement is coerced, the time that passes between confessions, the change in the locations of the interrogations, and the change in the identities of interrogators all bear on whether coercion has carried over into the second confession. Elstad, 470 U.S. at 310, 105 S.Ct. at 1293. In United States v. Daniel, 932 F.2d 517 (6th Cir.), cert. denied, 502 U.S. 890, 112 S.Ct. 252, 116 L.Ed.2d 206 (1991), this Court admitted a written confession made pursuant to Miranda warnings and conducted by a different officer one day after an unwarned and possibly involuntary answer. Id. at 521. In the case at bar, the defendant’s written confession occurred ten days after the unwarned statements, took place in a different location (the station house as opposed to Officer Davis's squad car and the defendant's residence), and involved a different interrogator (Investigator Derr as opposed to Chief Cannon and Officers Sylvester and Davis).

2

. Bustamonte involved consent given by a person who was not in custody and the Supreme Court had specifically limited its holding in the case to that situation. Bustamonte, 412 U.S. at 248, 93 S.Ct at 2058-59.

3

. The district court found that, when the defendant "pecked” at the car window and told Chief Cannon the location of the gun, he was in custody but not under custodial interrogation. Although the defendant does not explicitly make this argument, his fears concerning his girlfriend do not convert that situation into a custodial interrogation. In United States v. Montano, 613 F.2d 147 (6th Cir.1980), the defendant was arrested and made unwarned but unelicited statements because he feared that his wife and child would also get arrested ("They don’t know anything about it.... It’s my stuff”). Id. at 149. This Court held that “his alleged fears for his wife and child do not alter the fact that the statements were not the product of a custodial interrogation.” Id.

4

. In Jones, this Court found that a consent to search was involuntary when the suspect was placed in custody and did not hear his Miranda rights. Jones, 846 F.2d at 361. However, we did not rely solely on the lack of Miranda wara-ings in that case, but found a second factor specifically listed in Bustamonte — the suspect's lack of schooling — which the defendant does not allege in this case. Id. at 360-61.