Category Archives: Apparent authority

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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E.D.Tenn.: Def’s mother did not have joint control over a trailer he lived in on her property; officers at minimum should have inquired more

Defendant lived on property with his mother, but he was in a trailer. It was unreasonable for officers to believe that she had joint control over his part of the property. At best, the situation was such that officers should … Continue reading

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S.D.Fla.: Govt had objective good faith belief def consented to search through his lawyer

The government had an objective good faith belief that the defendant in jail consented to a search of a storage unit through his lawyer. The lawyer was asked about whether the officers could have consent or get a search warrant, … Continue reading

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GA: Giving computer password out gives recipient apparent authority to consent

Giving one’s wife the password to the computer showed that she had apparent authority to consent to its search. Massey v. State, 2019 Ga. App. LEXIS 267 (May 21, 2019). Defense counsel wasn’t ineffective for not pursuing a motion to … Continue reading

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D.Kan.: Roommate had apparent authority to permit entry and search of entertainment center in living room

Defendants were contract USPS carriers and Postal Inspectors believed they were involved in stealing Netflix DVDs from the mail. DVDs with serial numbers were sent on their route and disappeared. The Postal Inspectors went to defendants’ home to conduct a … Continue reading

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TN: Apparent authority to consent also determines standing

Apparent authority to consent is also standing. Lack of apparent authority to consent is no standing. State v. Madewell, 2018 Tenn. Crim. App. LEXIS 896 (Dec. 12, 2018). The smell of marijuana was probable cause for the search of defendant’s … Continue reading

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PA: Firing an assault rifle in your house justifies a protective sweep

After defendant fired an assault rifle in his house, the police were called. A protective sweep to see if anyone was injured was reasonable. Commonwealth v. Coughlin, 2018 PA Super 304, 2018 Pa. Super. LEXIS 1221 (Nov. 14, 2018). “‘Probable … Continue reading

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FL1: Possessor of USB drives who acquired them trading for drugs had apparent authority to consent

Defendant’s vehicle had been burglarized and USB drives were also stolen. The police report omitted them. Later, another guy acquired the USB drives when he was buying drugs. When he was busted, he turned them over to the police telling … Continue reading

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NV: Def lived with uncle, and uncle lacked apparent authority to consent to a search of his room

Defendant was allegedly involved in a hit and run accident with injury. A license plate fell off his car and was found at the scene of the accident. An officer went to his address and found the apparent damaged vehicle … Continue reading

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