Category Archives: Apparent authority

MN: Apt mgr’s ability to enter for maintenance purposes is not apparent authority to consent to a police search

An apartment manager’s ability to enter by law and by the lease for maintenance purposes does not give the manager or staff the ability to consent to a police entry. Here, a water leak brought maintenance who saw drug use … Continue reading

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CA7: Def’s wife of 21 years had apparent authority to consent to search of garage even if she didn’t regularly use it

Defendant’s wife of 21 years, 10 years at the co-owned property, had apparent authority to consent to its search. The fact she didn’t regularly go into the detached garage didn’t at all mean she didn’t have apparent authority. United States … Continue reading

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D.P.R.: No justification shown for search of def’s vehicle during a traffic stop

Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading

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OH1: Apparent authority shown for third party consent to search of def’s bedroom

Consent was granted by someone the police reasonably believed had apparent authority to consent to a search of defendant’s bedroom [no facts given to see how there's third party consent to a bedroom, so this is immediately suspect]. State v. … Continue reading

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RI: No apparent authority to consent shown; police merely assumed consenter lived there, but she didn’t

The person asked for consent didn’t live there, and the officers made no attempt to find out whether she did. They just assumed she did. The state’s alternative argument of exigency is rejected because the officers never testified to any … Continue reading

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GA: Def’s visiting cousin with no key had no apparent authority to consent to search of house

Defendant’s cousin, visiting the house and working in the garage, had no apparent authority to consent to an entry. He made it clear it wasn’t his house, that he had no key and entered through an unlocked side door, and … Continue reading

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E.D.Tenn.: Householder had no apparent authority to consent to a search of a metal box she identified as somebody else’s

Householder’s consent did not apply to a search of a metal box the householder said belonged to someone else. “While it is undisputed that the officers had authority to search Cuff’s residence based on her consent, the Court finds that … Continue reading

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OH2: Mistaken entry of LPN into computer that resulted in erroneous stop still made the stop reasonable

The Ohio officer entered in the license number of an Illinois vehicle but omitted a letter in smaller type on the side that made the number complete because he didn’t know it was required. The wrong LPN came back as … Continue reading

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MT: Def was driving parents’ car and they had equal or superior authority to consent to its search

Defendant, a known drug user and suspected dealer, was driving his parents’ car, and they gave consent to search it. “Miller had permission from his parents to use the vehicle and thus had common, if not superior, authority to Baty … Continue reading

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MO: Homeowner had apparent authority to consent to search his basement where def had been living for 12 days

Police were investigating the defendant for child pornography, and located him at a friend’s house where he’d been living in the basement for 12 days. Because of the layout of the basement and its access, the court finds that the … Continue reading

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M.D.La.: When multiple people with apparent authority are present, just one can consent

When multiple people with apparent authority are present, any one of them can consent. Here, the credible evidence shows that three did. Defendant’s Randolph argument is rejected. United States v. Bourgeois, 2017 U.S. Dist. LEXIS 18927 (M.D. La. Feb. 9, … Continue reading

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D.Nev.: No actual or apparent authority to consent shown; presence of gun in motel room not exigency per se

Actual authority to consent and apparent authority in a motel room are two different things. Here, the government can’t show either on this record. The possibility of a gun in the room is not an exigent circumstance. United States v. … Continue reading

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