Category Archives: Apparent authority

D.Del.: Claiming a state administrative subpoena creates a “Fourth Amendment defense” is frivolous; removal denied, attorneys fees imposed

The Delaware DOJ sought records in an administrative proceeding against the defendant, and the defendant claimed the subpoena violated the Fourth Amendment and attempted to remove the whole case to federal court because that was a federal defense. This is … Continue reading

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SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the … Continue reading

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WY: Def’s girlfriend showed apparent authority to enter their apartment after domestic dispute; Illinois v. Rodriguez redux

Officer’s reasonably relied on defendant’s girlfriend’s apparent authority to enter his apartment. She called 911 about what she described as a domestic assault where he struck her face. When police arrived, she was outside the apartment sitting on the stairs. … Continue reading

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NY Nassau: Mere theory someone else is inside when it’s not even practical doesn’t support a protective sweep

Police were sent to defendant’s house/dentist office on a report of his menacing with a firearm. Defendant came out and submitted. The entry into the house for exigency or protective sweep was not shown by the state to be justified. … Continue reading

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CA8: Minor child could consent to search and seizure of camera hidden in her bathroom

This court rejects the notion that a minor never has the apparent authority to consent to a search, here of a camera in the house. The minor was defendant’s 14-year-old daughter, and defendant and the mother had visitation. She found … Continue reading

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DC: Juvenile’s mother who owned cell phone and account could consent to search of the phone

A juvenile’s mother who had the child’s cell phone in her name because she bought it and it was on her account and the child lived with her gave her apparent authority to consent to search of the phone. In … Continue reading

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CA8: Shot fired call from house resulted in protective sweep when door was answered by man matching description

Officers responding to a call about a shot fired from a window found a man answering the door matching the 911 description. A protective sweep was thus permissible. Defendant also consented to the entry. United States v. Williams, 2023 U.S. … Continue reading

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VT: 14-year-old sex assault victim had sufficient common authority to consent to search of premises for evidence of that crime

Defendant was accused of sexual assault of his 14-year-old daughter, he was arrested, and released on conditions, one of which was a no contact order to say away from the house. The 14-year-old had enough common authority to consent to … Continue reading

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NJ: Common authority to search a storage unit doesn’t necessarily include authority to search bags within

After a search warrant produced nothing, the domestic battery complainant had common authority to consent to a search of a storage trailer to seize weapons, but not to search the bags that the weapons were found in. “A third party’s … Continue reading

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WA: Renter of hotel room could consent to search of room with co-occupants, but not of co-occupant’s stuff

“Here, Giberson was a guest in Goedker’s motel room. As a result, Goedker as the person renting the room had authority to give consent for law enforcement to search the room. … And even though Giberson was present, because he … Continue reading

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N.D.Iowa: Car transporter has common authority to consent

A car being hauled west was searched on the car hauler’s truck by consent of the hauler. He had common authority to do that. Moreover, defendant’s standing as to the vehicle was tenuous at best. Registration had expired before the … Continue reading

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IN: Male occupant’s consent to search his house didn’t include the purse of a woman that lived there

Male occupant’s consent to search his house didn’t include the purse of a woman that lived there. The officer could not reasonably believe that he had apparent authority over that. Cinamon v. State, 2022 Ind. App. LEXIS 345 (Oct. 25, … Continue reading

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CA8: Apparent authority to consent applies to effects

Apparent authority to consent applies to effects. The officer had reason to believe that the other female occupant of the car had apparent authority to consent to a search of what was listed in the report as a “man bag,” … Continue reading

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NJ: Alleged third party consenter had no apparent authority

The third-party consent here was invalid because there was no reason to believe they had apparent authority. State v. Marcellus, 2022 N.J. Super. LEXIS 69 (May 18, 2022). The vehicle safety checkpoint was set up with a valid programmatic purpose, … Continue reading

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CA6: All family members have common authority over common areas of the house

All family members have common authority over common areas of the house. United States v. Campany, 2022 U.S. App. LEXIS 9518 (6th Cir. Apr. 8, 2022). Defendant’s Franks claim for ineffective assistance of counsel fails for failing to show what … Continue reading

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PA: No apparent authority that def’s mother, a visitor outside, could consent to search

There was no apparent authority for defendant’s mother to consent to police entry. They knew she was a mere visitor herself, and she offered to let them in. She was not inside; she just came up when they were there. … Continue reading

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CA9: Interstate truck driver had apparent authority to consent to search of package in truck

An Old Dominion truck driver had apparent authority to open a package consigned to him and his company to haul. He became suspicious it was contraband and called the police. They wouldn’t act without probable cause so the driver took … Continue reading

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IL: Refusal to submit to SW for blood or urine was obstruction of justice

Defendant’s refusal to submit to a search warrant for his blood or urine in a DUI case supported his conviction for obstruction of justice. People v. Hutt, 2022 IL App (4th) 190142, 2022 Ill. App. LEXIS 28 (Jan. 18, 2022). … Continue reading

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OH4: Mere sleeping visitor in apt has no apparent authority to consent to search

Somebody sleeping in an apartment that the officer knew was a mere visitor had no standing to consent to an entry. State v. Brandau, 2021-Ohio-3688, 2021 Ohio App. LEXIS 3592 (4th Dist. Oct. 4, 2021). 2255 petitioner’s Franks ineffective assistance … Continue reading

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S.D.N.Y.: Late return of SW materials in discovery wasn’t at all prejudicial

The return of the search warrant materials was late, but defendant shows no prejudice, and he had them in discovery. United States v. Lesane, 2021 U.S. Dist. LEXIS 137777 (S.D.N.Y. July 23, 2021). Defendant’s discovery claim that the government must … Continue reading

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