Category Archives: Apparent authority

E.D.Va.: Manafort storage building search sustained: Employee with free access had apparent authority to consent to entry

The FBI reasonably relied on a person with apparent authority to consent to an entry into a storage locker to look around. The consenter had free access to the storage room as an employee, and the employer-employee relationship can permit … Continue reading

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TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case

TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case by Tierney Sneed (opinion in story):

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CA11: Def was outside while consent sought from cotenant inside; consent valid and Randolph doesn’t help him

The consent of a cotenant was voluntary and valid, and she clearly had apparent authority to do so. Defendant was nearby and outside, but the police made no effort to ask him for consent nor to segregate him to prevent … Continue reading

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M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

Three armed robberies showed a pattern of activity that allowed a broader period in the application for the warrant, and thus overcame a staleness challenge. The affidavits for search warrant provided a substantial basis for finding probable cause, especially considering … Continue reading

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D.D.C.: Manafort DC search valid: The person on the lease of a storage unit and with the keys had [apparent] authority to consent

The search of Paul Manafort’s storage unit was with the consent of the person on the lease and did not violate the Fourth Amendment. It was reasonable for the FBI to believe that the person with the keys had the … Continue reading

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D.N.M.: Protective sweep valid to look for other pressure cooker bombs; parent has presumptive apparent authority to consent to search of adult child’s room

Defendant was suspected of making a pressure cooker bomb, which was found. (1) A protective sweep was proper to determine whether there were others in the house. (2) The house was owned by defendant’s father, and defendant merely lived there. … Continue reading

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MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

“The seizure of a patient’s blood sample pursuant to a search warrant addressed to a hospital does not violate the statutory physician-patient privilege because a blood sample collected by the hospital as part of medical treatment does not constitute ‘information’ … Continue reading

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N.D.N.Y.: Rental inspection code use of may not shall to get admin. warrant not 4A violation

The fact the City of Schenectady’s rental building inspection code says that the inspectors may get a warrant instead of shall doesn’t state a Fourth Amendment violation. There’s no evidence that the city has applied it unconstitutionally yet. Hafez v. … Continue reading

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N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading

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CA5: Def’s girlfriend has actual authority to consent to a search even though she was moving out

“Valenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, …; see also Illinois v. Rodriguez, …. Valenzuela … Continue reading

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IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw … Continue reading

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CA6: “Pill mill” employee was a snitch who let in undercover DEA agent as a patient; this was consent to enter and assumption of risk

The defendant was suspected of running a “pill mill.” A nurse practitioner worked for the clinic and was feeding information to the DEA as well as engaging in illegal acts, too. The DEA got the nurse to let an undercover … Continue reading

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