Category Archives: Apparent authority

RI: No apparent authority to consent shown; police merely assumed consenter lived there, but she didn’t

The person asked for consent didn’t live there, and the officers made no attempt to find out whether she did. They just assumed she did. The state’s alternative argument of exigency is rejected because the officers never testified to any … Continue reading

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GA: Def’s visiting cousin with no key had no apparent authority to consent to search of house

Defendant’s cousin, visiting the house and working in the garage, had no apparent authority to consent to an entry. He made it clear it wasn’t his house, that he had no key and entered through an unlocked side door, and … Continue reading

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E.D.Tenn.: Householder had no apparent authority to consent to a search of a metal box she identified as somebody else’s

Householder’s consent did not apply to a search of a metal box the householder said belonged to someone else. “While it is undisputed that the officers had authority to search Cuff’s residence based on her consent, the Court finds that … Continue reading

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OH2: Mistaken entry of LPN into computer that resulted in erroneous stop still made the stop reasonable

The Ohio officer entered in the license number of an Illinois vehicle but omitted a letter in smaller type on the side that made the number complete because he didn’t know it was required. The wrong LPN came back as … Continue reading

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MT: Def was driving parents’ car and they had equal or superior authority to consent to its search

Defendant, a known drug user and suspected dealer, was driving his parents’ car, and they gave consent to search it. “Miller had permission from his parents to use the vehicle and thus had common, if not superior, authority to Baty … Continue reading

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MO: Homeowner had apparent authority to consent to search his basement where def had been living for 12 days

Police were investigating the defendant for child pornography, and located him at a friend’s house where he’d been living in the basement for 12 days. Because of the layout of the basement and its access, the court finds that the … Continue reading

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M.D.La.: When multiple people with apparent authority are present, just one can consent

When multiple people with apparent authority are present, any one of them can consent. Here, the credible evidence shows that three did. Defendant’s Randolph argument is rejected. United States v. Bourgeois, 2017 U.S. Dist. LEXIS 18927 (M.D. La. Feb. 9, … Continue reading

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D.Nev.: No actual or apparent authority to consent shown; presence of gun in motel room not exigency per se

Actual authority to consent and apparent authority in a motel room are two different things. Here, the government can’t show either on this record. The possibility of a gun in the room is not an exigent circumstance. United States v. … Continue reading

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NM: No proof of common authority for consent by an occasional visitor; state doesn’t recognize apparent authority

The evidence did not show the consenter had common authority, and New Mexico does not recognize apparent authority. The exception for protective sweep and the community caretaking function also didn’t apply because there was no bona fide need for either. … Continue reading

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CA8: Smell of MJ from car was PC

Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A … Continue reading

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