N.D.Ill.: Reasonable reliance on apparent authority is good faith in itself

Reasonable reliance on apparent authority to consent is good faith. “And relying on consent in good faith is circular and redundant. Whether there is apparent authority to consent already addresses the officers’ good-faith belief in the consenters’ authority. Put differently, if Yahia’s consent was invalid because the searching officers’ belief that Yahia had authority to consent was objectively unreasonable, they couldn’t have relied on that consent in good faith and no precedent suggested that they could.” Hamdan v. United States, 2020 U.S. Dist. LEXIS 143289 (N.D. Ill. Aug. 11, 2020).

Defendant’s controlled buy to the CI was probable cause, so further supporting the CI wasn’t necessary. United States v. McCallister, 2020 U.S. Dist. LEXIS 143178 (S.D. W.Va. Aug. 12, 2020).*

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