FL2: Standing aside when answering door for police as to whether someone is inside is consent to entry by action

When police are at the door and ask for a person, and the person answering the door steps aside, it is apparent authority to enter that the wanted person is inside. State v. Smith, 2019 Fla. App. LEXIS 19116 (Fla. 2d DCA Dec. 27, 2019):

In Thompson, this court considered a motion to suppress under circumstances very similar to those here. Police officers had traced a phone found at a burglary scene to the home of defendant Scotty Thompson’s sister. Thompson, 170 So. 3d at 858. At the door, the officers asked her if Thompson was in the house, and she responded “yes” while gesturing towards him sitting on a couch. Id. This court held that the sister’s gesture reasonably implied consent to enter the home and talk to Thompson, a conversation which led to a warrant and the collection of controlled substances from his room. Id. at 859.

Similarly, in this case Smith opened his motel room door, confirmed that Peterson was inside, and pointed at her. In fact, unlike Thompson wherein the sister testified that the police pushed her out of the way, id. at 858, it was undisputed that Smith opened the door wide and stepped out of the way of the deputy sheriffs. It was thus reasonable to believe that Smith had invited them in, and express consent was not required to justify entry. Accordingly, we reverse the order to suppress evidence from the motel room and remand for proceedings consistent with this opinion.