Category Archives: Apparent authority

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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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

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NY3: Def’s live-in girlfriend shared premises and had apparent authority to consent

Defendant’s girlfriend with whom he lived had apparent authority to consent to a search of their joint premises. People v. Gray, 2017 NY Slip Op 05873, 2017 N.Y. App. Div. LEXIS 5809 (3d Dept. July 27, 2017).* There were two … Continue reading

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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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