Category Archives: Apparent authority

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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D.Me.: Third party consenter’s apparent authority included the attic

“Contrary to Defendant’s argument, Ms. Barry had common authority over the property. She lived in the home with Defendant and their minor child, and shared a bedroom with Defendant. Consistent with the fact she resided in the home and had … Continue reading

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LA5: Adult grandson lived with grandmother; she could consent to his room because he didn’t pay rent

Defendant lived with his grandmother, but he didn’t pay rent. He was arrested and taken away, and she consented to a search of his room. “[T]he consenting party, Ms. Gant, was the sole owner of the property subject to the … Continue reading

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CA9: How can a mere visitor have apparent authority to consent to search premises? She can’t

The District Court clearly erred in crediting that a mere visitor had apparent authority to consent to a search of a house. United States v. Chavez, 2016 U.S. App. LEXIS 23301 (9th Cir. Dec. 27, 2016):

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W.D.Mo.: Officers could rely on hotel manager’s apparent authority to consent to opening work locker

Defendant had a limited reasonable expectation of privacy in his hotel work locker and its contents, and officers got the manager to open it. It was reasonable for the officers to believe that the hotel manager had apparent authority over … Continue reading

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