Category Archives: Apparent authority

TN: With no findings of fact, court can look at dashcam video and draw own conclusion suppression was appropriate

The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony … Continue reading

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D.Me.: Order of protection between occupants of car is RS

When the officer discovers an order of protection between two people in a car, there is reasonable suspicion to investigate further. United States v. Williams, 2020 U.S. Dist. LEXIS 91549 (D. Me. May 26, 2020). The police reasonably believed the … Continue reading

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GU: Driver of a car has apparent authority to consent to search

The driver of a car presumptively has the apparent authority to consent to its search even though he didn’t own it. People v. Quintanilla, 2020 Guam LEXIS 8 (May 21, 2020). Two new and unused meth pipes in defendant’s glove … Continue reading

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OR: Common authority, not ownership, confers actual authority to consent

“It is common authority, not legal ownership, that confers actual authority to consent to a search. … In this case, the evidence was sufficient for the court to find that A shared common authority with defendant over the bedroom and … Continue reading

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E.D.Ky.: Fire chief could consent to search of dept. owned laptop in possession of a Lt. (his son)

Defendant was a lieutenant in the fire department, and his father was the chief. He was using a city owned laptop. After he was arrested for exposing himself in a Walmart bathroom, dad had the apparent and actual authority to … Continue reading

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CA7: Consenter had apparent authority; no signs she might not have actual authority

Based on all the evidence, the consenter had apparent authority to consent to the search of the house. While she’d supposedly moved out, she had a key and still had stuff there, and the officers had no suggestion that she … Continue reading

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OH9: No RS for first dog sniff which was negative, let alone a second

The state claimed that the officers had reasonable suspicion which wasn’t apparent to the court of appeals. Then a drug dog didn’t alert. That’s when the stop should have ended. The request to have a second dog sniff was unreasonable. … Continue reading

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LA2: Officer’s leaning in open window wasn’t a plain view; def’s demands to know why he’s detained can’t be RS when he has a right to know

Officer’s leaning into the open window of defendant’s car with a flashlight to get a better view was not a plain view. Statute “commands police officers, upon detaining a citizen in connection with the investigation or commission of any offense, … Continue reading

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N.D.Ill.: Shotspotter’s negative report belied the anonymous CI and made reliance on the CI unreasonable

The Shotspotter’s negative report of shots fired immediately known by the police contradicted their anonymous CI and made defendant’s stop unreasonable. United States v. King, 2020 U.S. Dist. LEXIS 23208 (N.D. Ill. Feb. 11, 2020). The co-occupant of defendant’s trailer … Continue reading

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MI remands for an evidentiary hearing on actual or apparent authority

The court of appeals is reversed and the case remanded to the trial court for a hearing on actual and apparent authority and the reasonableness of the officer’s belief there was any authority at all, actual or apparent. People v. … Continue reading

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IA: Std of review of PC is not is there PC, but is there a substantial basis for believing there was PC

“Because the Fourth Amendment values the practice of obtaining a warrant to reduce the perception of intrusive police conduct, we do not strictly scrutinize the sufficiency of the underlying affidavit. … Instead, we decide whether the issuing magistrate had a … Continue reading

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OH10: DV victim who shared house had apparent authority to consent to search for weapon

Police were called to a domestic disturbance, and the victim in the house had the apparent authority to consent to search of a Home Depot bucket in their house where a gun was found. State v. Henize, 2019-Ohio-5202, 2019 Ohio … Continue reading

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CT: Def counsel’s choice to distance def from bedroom with drug was reasonable

Defendant argued defense counsel was ineffective for not pursuing a motion to suppress the search of a bedroom he stayed in in the house of another. The testimony was conflicting. Defendant said that he had exclusive use of the bedroom, … Continue reading

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CA1: Mere fact friend had possession of def’s bags didn’t show actual or apparent authority to consent

Defendant stored bags with a friend, and he ended up in jail. There was no actual or apparent authority shown for her to consent to search of the bags. The government carries the burden on both, and it fails. The … Continue reading

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D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport

The car that was searched was being hauled by a car carrier. By turning over a car to a car hauler, the car hauler has complete possession and actual and apparent authority to consent to a search, and the person … Continue reading

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N.D.Ala.: Renting bedroom from homeowner and paying in drugs still gave renter standing; but owner had apparent authority to consent

Defendant lived in a drug dealer’s house where he rented the room in exchange for drugs. He had unfettered access to come and go. That gave him standing in his own room. The owner, however, also had unrestricted access to … Continue reading

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