LA4: Police lacked reasonable belief in apparent authority of defendant’s mother in jointly used hotel room

Defendant was staying in a hotel room with his mother, and the police had no basis for concluding that she had apparent authority to consent to a search of the hotel room. All their information going in was that the defendant was in control and they had no information that gave her apparent authority. State v. Nicholas, 51 So. 3d 98 (La. App. 4th Cir. 2010)*:

Moreover, in marked contrast to Gettridge, Molette, and even Brown, the State presented no testimony indicating that Ms. Jones ever represented to Det. Stovall that she had the authority to consent to a search of her adult son’s residence, which she happened to own. The only testimony was to the effect that she was asked to give consent and did so, not that the detective was in possession of any facts upon which he could rely to find that she had any authority. Instead, it appears that Det. Stovall simply believed that a hotel owner can give valid consent to the search of a hotel room. Considering the jurisprudence, such a belief is not reasonable nor does it justify the failure to seek a warrant before searching.

Defendant had no standing in a car as a passenger. It was rented by his girlfriend’s father and driven by her. His subjective expectation of privacy in his gun in the car was not one that society would recognize as reasonable. United States v. Thompson, 2010 U.S. Dist. LEXIS 113279 (D. Me. October 21, 2010).*

Defendant’s 2255 that included a claim that defense counsel did not challenge a search failed to show prejudice because of the overwhelming proof against him. United States v. Ruelas, 2010 U.S. Dist. LEXIS 113157 (C.D. Cal. October 12, 2010).*