Category Archives: Apparent authority

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

Posted in Apparent authority, Plain view, feel, smell | Comments Off

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

Posted in Apparent authority, Body searches, Drug or alcohol testing, Private search | Comments Off

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

Posted in Apparent authority, Consent | Comments Off

DE: 14 yo could consent to entry to look for missing person

The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading

Posted in Apparent authority, Emergency / exigency | Comments Off

D.Mass.: Being jailed is not an abandonment of property in a storage unit

“The court acknowledges the government’s point that Moran did not retain a key to the storage unit once he was jailed, and that Moran had appeared perfectly amenable to the bags being placed in Alysha’s more heavily-trafficked apartment rather than … Continue reading

Posted in Abandonment, Apparent authority | Comments Off

CA6: Def’s wife saying she was on the cell phone contract was sufficient to create a good faith belief in her apparent authority

Defendant’s wife, who told police defendant was communicating with underage girls on his cell phone, told officers that she paid for the phone and was on the contract. So, viewed most favorably to the government, this was sufficient to establish … Continue reading

Posted in Apparent authority | Comments Off

OH7: “Appellant acknowledges a hotel employee can consent to law enforcement’s entry into a hotel room if the guest has been evicted.” He was

Defendant was staying at a Comfort Inn, and the hotel quickly concluded defendant was dealing drugs from the room. He didn’t respond to their entries to get out, so they called the police who came to remove him. When defendant … Continue reading

Posted in Apparent authority | Comments Off

E.D.Mo.: Def stayed often enough with his mother that he had standing in her place

Defendant was given standing in his mother’s home, even though he did not live there full time. His uncle also lived there, and he had apparent authority and “free agency” to consent to a search of the premises. United States … Continue reading

Posted in Apparent authority, Standing | Comments Off

IA: Passenger in a car being impounded should have been permitted to keep her purse and not leave it in car

Defendant was a passenger in a car stopped for expired tags. She should have been allowed to keep her purse when she got out of the car. Instead, she was told to leave it in the car, and then it … Continue reading

Posted in Apparent authority, Consent, Inventory | Comments Off

NY1: Staying “on and off” with an uncle for many years, getting mail there, storing all his clothes there gave standing

The trial court erred in finding that defendant lacked standing to challenge the propriety of the search of the apartment because defendant’s uncle, who resided in the apartment, told the police that defendant had stayed with his family “on and … Continue reading

Posted in Apparent authority, Standing | Comments Off