Category Archives: Apparent authority

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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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

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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

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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

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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

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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

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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

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