Category Archives: Apparent authority

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

Posted in Apparent authority, Informant hearsay | Comments Off on N.D.Ill.: Shotspotter’s negative report belied the anonymous CI and made reliance on the CI unreasonable

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

Posted in Apparent authority, Consent | Comments Off on MI remands for an evidentiary hearing on actual or apparent authority

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

Posted in Apparent authority, Reasonable suspicion, Standards of review | Comments Off on IA: Std of review of PC is not is there PC, but is there a substantial basis for believing there was PC

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

Posted in § 1983 / Bivens, Apparent authority, Excessive force | Comments Off on OH10: DV victim who shared house had apparent authority to consent to search for weapon

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

Posted in Apparent authority, Ineffective assistance | Comments Off on CT: Def counsel’s choice to distance def from bedroom with drug was reasonable

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

Posted in Apparent authority, Consent | Comments Off on CA1: Mere fact friend had possession of def’s bags didn’t show actual or apparent authority to consent

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

Posted in Apparent authority, Reasonable expectation of privacy, Standing | Comments Off on D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport

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

Posted in Apparent authority, Standing | Comments Off on N.D.Ala.: Renting bedroom from homeowner and paying in drugs still gave renter standing; but owner had apparent authority to consent

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

Posted in Apparent authority, Reasonable suspicion | Comments Off on 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

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

Posted in § 1983 / Bivens, Apparent authority, Standing | Comments Off on S.D.Fla.: Govt had objective good faith belief def consented to search through his lawyer

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

Posted in Apparent authority, Computer and cloud searches, Ineffective assistance | Comments Off on GA: Giving computer password out gives recipient apparent authority to consent

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

Posted in Apparent authority | Comments Off on D.Kan.: Roommate had apparent authority to permit entry and search of entertainment center in living room